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The extent to which the infringer has made use of the
However, due to the broad drafting of the legislation and the severe consequences for the trade mark owner, it is generally thought that section 21 is used as a weapon by trade mark infringers to intimidate potential litigants.
The licensees may benefit indirectly when the infringer is brought into compliance.
For example, a potential patent infringer may be adequately
1) prior to the commencement of the infringement, performed a good faith, reasonably diligent search to locate the owner of the infringed copyright and the infringer did not locate that owner, and
Among its provisions are components concerning limiting copyright infringement liability for service providers, streamlining the procedure by which copyright owners may require service providers to disclose the identity, of alleged copyright infringers, and allowing copying of computer programs for purposes of maintenance or repairs under certain circumstances.
The delay period is counted from the time when the patent holder knows or should have known about the acts of the infringer.
ASS 298, which was enacted in 2011, provides that the failure of an infringer to obtain the advice of counsel, or to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed an asserted patent.
The shape of a product can often be of significant value to a business and it is advisable to consider making use of the trade mark law provisions to secure the intellectual property value of a product with a commercially significant shape, and to enforce such registered rights against possible infringers.
In addition the ITC affirmed the finding that MicroJet Technology Co, a subsidiary of DB-Tel Incorporated in Taiwan, as well as PTC Holdings Limited, are direct infringers of HP's patents in the manufacturing and/or sale of inkjet print cartridges.
Several recent court cases, as well as a recent hearing before Congress, suggest that it may be becoming easier for a party to be found to be an indirect infringer.