Enforcements - Our Services in this sector are designed to stop / prevent further piracy, infringement, violation of Copyrights, Trademarks, Patents and Intellectual Properties of the clients and we have developed an expertise in this sphere.
There are three methods out of which we employ any one for enforcing compliance, i.e.
- NOTICE TO THE INFRINGER WHICH ULTIMATELY LEADS TO COMPLIANCE
- CIVIL SUIT
- ON-SITE RAID AND A FORMAL CRIMINAL COMPLAINT
A) NOTICE TO THE INFRINGER:
On identifying an illegal user, the legal department of ours or of the Copyrights, Trademarks / Patent Holder sends a direct notice to the infringing party explaining the applicable laws and penalties. This more often than not gets the attention of the infringer and he approaches the client for a dialogue and an eventual settlement, i.e. refraining from violation/infringement and using genuine product/process with proper permissions/license.
B) CIVIL SUIT
In cases where the infringing party does not seem inclined for a settlement, Cease & Desist Letters are sent followed by filing Suits in a court of law.
C) ON-SITE RAID AND A FORMAL CRIMINAL COMPLAINT
In some countries however, especially Asian countries, the most appropriate and effective recovery method to establish piracy, infringement, violation of Copyrights, Trademarks, Patents and Intellectual Properties is an on-site raid. In such cases, our team along with the local law enforcing authorities conducts surprise checks of the violator’s premises. The findings then form the basis for subsequent legal action and eventual conviction in a court of law. This is the most preferred method for us in India, Sri Lanka, Thailand and Bangladesh.
Why is an on-site raid essential ?
Although carrying out a successful raid entails lots of planning, paperwork and effort, its benefits are remarkable.
The chances of finding actual evidence of violation are 100% and the chances of denying illegal usage is 0%.
In most of these cases, recovery of license / permissions fee is instant, i.e. the process starts immediately and is completed the same day. In some cases, it starts the same day and is completed in a day or two. Millions of dollars as License fees have been recovered employing this method.
In all these three methods described above, because it is a Third party carrying out the Compliance Process, the image of the software company is not affected and nor is the relationship their sales team enjoys with the customers.