What is IP crime ?

IP crime is classified as the unauthorised use of someone's IP (intellectual property) which may lead to prosecution. If someone owns an intellectual property (IP) right, ie. a copyright, design, patent or trade mark, then others cannot or have no right to manufacture, use, sell or import it without prior permission from the owner.

Copyright is an automatic right which applies when the work is fixed, that is written or recorded in some way. Designs are what something looks like - from the shape of a take-away cup to the body of jet. Patents protect what makes things work - like what makes a wheel turn or the chemical formula of your favourite fizzy drink. Trade marks are symbols that distinguish goods and services in the marketplace - like logos and brand names.

IP crime is also known as counterfeiting and generally relates to willful violation of trade mark.

If someone deliberately uses your registered trade mark, without your knowledge or consent, they may be guilty of the crime of counterfeiting.

Examples for counterfeiting could be:

* Clothing
* Footwear
* Handbags
* Perfume
* Automotive parts
* Pharmaceuticals

Piracy relates to willful violation of copyright. Deliberate infringement of copyright on a commercial scale, ie. made for sale, being imported, distributed, sold or put on the internet, could be a criminal offence. This activity is usually known as copyright piracy.

Examples for piracy could be :

* Digital Versatile Discs (DVD's)
* Compact Discs (CD's)
* Unauthorised downloading of music from the internet
* Software

In some instances unauthorized use of IP can lead to prosecution under Section 94 of the Trade Mark Act in relation to Trade Mark infringement, and Sections 107A and 198 of the Copyright, Design, and Patent Act in relation to Copyright infringement.

If someone infringes your IP rights, you should decide what action to take. As an IP right owner you can show your IP is protected. it is better and cheaper to try to negotiate a solution with the infringer before taking legal action. If you may want to take legal action, you should consult a legal adviser (a patent or trade mark attorney) before you proceed on the case.