How are IP protection laws enforced?
Most intellectual property law in the United States is Federal law, giving the Federal courts exclusive jurisdiction to handle patent and copyright cases, and those claims brought under the Lanham Act (trademark and unfair competition). Under U.S. Federal law, patent, copyright, and Federally registered trademark rights holders have civil remedies available to them for infringement of their rights. This normally involves the filing of a civil action by the right holder in a Federal district court and the subsequent adjudication of the case in Federal court.Although the majority of IP enforcement in the United States is carried out through private civil actions, there are also IP offenses and penalties in State and Federal criminal codes. Criminal prosecutions often result from referrals by the right holder to the investigative agencies including the Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement, or to Federal prosecutors in the U.S.
Most intellectual property law in the United States is Federal law, giving the Federal courts exclusive jurisdiction to handle patent and copyright cases, and those claims brought under the Lanham Act (trademark and unfair competition). Under U.S. Federal law, patent, copyright, and Federally registered trademark rights holders have civil remedies available to them for infringement of their rights. This normally involves the filing of a civil action by the right holder in a Federal district court and the subsequent adjudication of the case in Federal court. Although the majority of IP enforcement in the United States is carried out through private civil actions, there are also IP offenses and penalties in State and Federal criminal codes. Criminal prosecutions often result from referrals by the right holder to the investigative agencies including the Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement, or to Federal prosecutors in the U.S. Attorneys’ Offices or