What to do in case of intellectual property violation

If your creation has been copied, your trademark misused, or your patent violated, it’s essential to act quickly to protect your rights. The first step is to gather evidence and seek specialized legal advice.

A violation occurs when someone uses, reproduces, distributes, or sells a protected creation — such as an artistic work, invention, brand, or software — without the authorization of the rights holder. This may include:

• Copying texts, music, videos, or images protected by copyright

• Misusing registered trademarks on products or services

• Reproducing patented products without a license

• Appropriating trade secrets or business know-how

How to act when a violation occurs

1. Identify and document the infringement
Gather evidence such as screenshots, links, records of misuse, or witness statements.
Check whether your creation is properly registered (trademark, patent, copyright).

2. Consult a specialized attorney
A professional in the field can assess the severity of the violation and advise on legal measures.
In some cases, the issue can be resolved out of court through notices or settlements.

3. Send an extrajudicial notice
This is a formal way to alert the infringer about the violation and demand that the misuse stop.
It may include a request for retraction, content removal, or compensation.

4. Report to the competent authorities
For trademarks and patents, the INPI (Brazilian Patent and Trademark Office) can be contacted for administrative measures.
In cases of piracy or counterfeiting, you can report it to the Federal Police or the National Council for Combating Piracy.

5. Take legal action if necessary
If the violation persists, the rights holder may file a lawsuit to:

• Stop the unauthorized use

• Obtain compensation for material and moral damages

• Recover profits wrongfully earned by the infringer

Preventing future violations

• Register your creations: Trademarks, patents, and works must be formally registered to ensure legal protection.

• Monitor your assets: Digital tools can help identify copies or misuse.

• Educate your team and partners: Training on intellectual property helps prevent internal infringements.

Intellectual property violation is a real threat to creativity, innovation, and the reputation of companies and creators. Acting quickly and strategically is essential to protect your rights and avoid greater losses.
Remember: knowing your rights is the first step to ensuring your creations are respected.