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| I've seen my invention being made by some company - what can I do? If you have intellectual property rights such as a patent in a country which that company is operating you may be able to sue them. Beware of threatening someone with legal action unless it is very clear cut (In the UK for example you can be sued for making such a threat - and so you should merely notify the party of your rights before launching action). Patent rights, like all registered rights, are territorial. You can't sue someone in China for making your patented device unless you have a Chinese patent, or they are exporting to a country where you are protected. If you have invented something worth a considerable amount of money then it is usually a matter of time before someone tries to steal it. You must use a fair balance of warnings, discussion and action. Talk to your lawyer about this. Copyright is often an issue where the infringer is abroad, but because copyright is not usually a registered right you must sue the infringer in their own country. This is usually annoying at best - which is why Internet copyright infringers so often get away with it. Note that in some cases IP infringement may be a criminal matter rather than a civil matter (facilitating sale of copyrighted articles in the UK for example). In some cases you may need a search order before you take action - in order to be able to prove infringement. Examples include copyrighted DVD's and patented manufacturing methods. |
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