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ARTICLE · 01 OCTOBER 2020

What Is Intellectual Property 'theft' And How To Avoid It?

Intellectual Property rights (IPRs) are generally known as "negative rights" because the owner enforces them by stopping third parties from exploiting the rights' subjects.

LuxembourgIntellectual Property

Intellectual Property rights (IPRs) are generally known as "negative rights" because the owner enforces them by stopping third parties from exploiting the rights' subjects. An IPR is typically infringed when a third party performs an act that is legally restricted to either the owner of the IPR or a person who has the owner's permission to exploit the right (a licensee). It is essential for general counsels, business owners or shareholders to understand IP infringement's precise nature in various circumstances and how it can be combated. 

In general terms, patents protect inventions, entitling owners to bar the unauthorized exploitation of them. Trademarks protect distinctive signs and names, and copyrights protect original works of art and literature. In all cases, holders of these rights are likewise entitled to prevent unauthorized use of confusingly similar marks or stop the reproduction or adaptation of one or more protected artworks. The exact nature of an IPR

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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