What are the methods of enforcement?

Enforcement takes place via infringement proceedings Infringement materializes if a person engages in an activity in relation to which a registered owner is granted exclusive rights. The registered owner may institute legal proceedings designed to prevent the infringement or to prohibit its constitution. The registered owner may have the following remedies:

  • An injunction to prevent the infringement.
  • Seizure and destruction of the infringing products or the machinery used for the making of such products.
  • Damages or any other sanction provided for under the law such as an account for profits

What are the advantages of a PCT Procedure.?

The PCT procedure is a procedure planned to abridge the process of filing foreign patent applications. By virtue of article 11 of the PCT an international application designating any contracting party shall have priority from its international filing date, as if it is a national application for a patent normally filed in the patent office of that state. The scheme of filing an international patent under PCT affords the facility to safeguard the prospect to get a patent in any or all PCT contracting countries. Yet again, the PCT procedure presents the plus of acquiring an international search report and an international preliminary examination (IPE). The international search report is performed by international searching authorities. It permits the applicant to weigh up the probability of acquiring patent protection in the designated countries. The international preliminary examination is performed by the International Preliminary Examination Authority (IPEA) grounded on the international search report. The IPE furnishes the applicant with comprehensive information regarding the patent before incurring the high cost of entering the national stage. In the end, the IPE is reliable; however, it is not obligatory. The final assessment as to the patent grant vests in the national or regional offices designated in the international application. A national application is expected to be made within 20 months from the date of an international application, if only an international search report is carried out by searching authorities. In this instance, the delay gives an applicant 8 months before having to satisfy national demands than by employing the PCT procedure. However, if the applicant elected to utilize the international Preliminary Examination option, the national application shall be made in the designated countries within 30 months from the priority date of the international application.

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