In some cases, RightHub may mark a finding as Unenforceable. This indicates that the system was unable to locate a relevant intellectual property (IP) record needed for enforcement based on the type of infringement. Without a registered right, the system cannot proceed with enforcement, leaving the finding unenforceable.
Here’s a breakdown of what “unenforceable” means and how it helps you manage your IP portfolio.
Why a Finding Becomes Unenforceable
For certain infringement types, such as trademark or design infringement, enforcement requires a registered right. If the system cannot locate a related IP record for the finding (for example, a trademark registered in the appropriate jurisdiction), it will classify the finding as unenforceable.
This ensures that only findings with enforceable IP rights are acted upon, saving time and resources for the user.
What to Do When a Finding Is Unenforceable
When a finding is marked as unenforceable, here are the steps you can take:
- Review Your Linked IP Records:
Check whether you have the necessary IP rights in the relevant jurisdiction and, if so, link the missing record to the search specification. This can turn the finding from unenforceable to enforceable.
- Evaluate Your IP Portfolio:
If you don’t currently hold the necessary right, assess whether it’s worth filing for IP protection in the relevant jurisdiction. This may help prevent future unenforceable findings in the same region.
- Monitor for Repeated Patterns:
If you notice recurring unenforceable findings in a particular country or marketplace, consider expanding your IP filings to cover these regions.
How It Helps You
Having a finding marked as unenforceable can provide several benefits to users:
Focus on Enforceable Findings:
- The system helps users avoid spending time on findings they can’t legally act upon.
Identify Gaps in Your IP Portfolio:
- An unenforceable finding highlights a gap in the user’s IP portfolio.
Discover New Markets:
- These findings can reveal regions where your brand is being (mis)represented, giving you insight into markets you may not have previously considered.
Support Your IP Strategy:
- If repeated findings are flagged in a particular jurisdiction where you lack protection, it may be worth considering applying for IP rights in that region.
Conclusion
The unenforceable status serves as a useful tool to help users focus on actionable findings, while also providing key insights into potential gaps in their IP portfolio and opportunities for growth.