Criminal law remedies
Copyright owners must vigorously defend their rights. The Federal Bureau of Investigation investigates some cases involving criminal infringement, usually after receiving a complaint from the copyright owner. Criminal prosecutions may occur in cases of willful copyright infringement, fraudulent copyright notice, fraudulent removal of a copyright notice, false representation of information in copyright registration applications, and certain acts involving circumvention of copyright management information and infringement of the integrity of such information. Criminal sanctions include fines and imprisonment.
Criminal penalties may apply to the use of trademarks for criminal counterfeiting of goods and to the dissemination of trade secrets under state and federal law. U.S. Customs and Border Protection, as part of the Department of Homeland Security, plays an active role in protecting intellectual property rights, including identifying and seizing counterfeit goods. Meanwhile, the Computer Crime and Intellectual Property Section of the U.S. Department of Justice oversees national efforts to combat intellectual property crimes.
Civil Remedies
Federal court proceedings involving lawsuits between private parties are governed by the Federal Rules of Civil Procedure (FRCP). Many states have adopted civil litigation rules modeled on the FRCP; however, significant exceptions are New York and California. State civil procedure laws may take the form of codified legislation passed by the state legislature or judicial rules issued by the state supreme court.
Notable features of the U.S. civil procedure are as follows:
- Lengthy pre-trial filing and discovery procedures,
- heavy reliance on direct testimony taken under oath or in front of a jury,
- an active pretrial practice of “legal arguments and motions” designed to lead to summary judgment, fewer issues presented for resolution at trial, and settlement between the parties,
- the withdrawal of the class action, and
- by default, the parties cover their own attorneys’ fees, although numerous statutory systems provide for coverage of attorneys’ fees and costs in certain cases.
The vast majority of enforcement actions in intellectual property matters involve private litigation between the owner of the IP right and the person accused of violating it.
U.S. federal courts have exclusive subject matter jurisdiction over civil cases arising under patent laws. A patent holder may choose to pursue a case in the CMT instead of, or in addition to, the federal civil court system. However, the only remedy available from the CMT is to prevent further importation of infringing products into the United States. Questions concerning the validity of patents can also be raised before the PTAB in the USPTO.
U.S. federal district courts also have exclusive subject matter jurisdiction over copyright. A plaintiff may be entitled to equitable relief, damages for monetary damages and compensation for attorneys’ fees. Claims of copyright infringement brought against the United States and not arising in a foreign country must be brought in the United States Court of Federal Claims within three years after the infringement occurred. Only compensation for monetary damages is due for suits against the U.S. government.
Trademark law is enforced almost entirely through private lawsuits, and failure to completely stop their infringing use by others can result in loss of protection. Depending on the lawsuit and the relief sought, the case may be brought in either state or federal court. Issues concerning the status of a registered trademark or trademark application can also be raised before the TTAB in the USPTO.
The Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals arising under patent law as well as appeals from the U.S. Court of Federal Claims , PTAB, TTAB and KMT. Federal Circuit decisions are overturned only by federal law or decisions of the U.S. Supreme Court.
Awareness and Education
The USPTO develops curricula on enforcement, patents, trademarks and copyright through the Global Intellectual Property Academy. Most law schools in the U.S. and often other types of graduate programs offer programs or classes focused on intellectual property issues.