Linked IP Records are an integral part of the enforcement process in RightHub. They allow the platform to connect intellectual property (IP) rights to specific assets, enabling the automatic generation of complaints when infringements are detected.
In this article, we’ll explain how Linked IP Records work, how they are linked to search specifications, and how they are used to streamline the enforcement process.
How Linked IP Records Work
When a user sets up a Search Specification in RightHub, they are configuring a search designed to monitor and protect a specific asset, such as a product or trademark. This Search Specification details which marketplaces to monitor, what keywords or images to use, and more. However, for most enforcement actions to take place, the user must link IP records to the search.
Linking IP Records to Search Specifications
After setting up a Search Specification, the user links the relevant IP Records that would be used to enforce their intellectual property rights. These IP Records can include:
- Trademarks (wordmarks or figurative marks)
- Copyrighted materials (products or images)
- Designs (protecting the appearance or ornamental aspects of products)
These linked records are essential because they provide the legal basis for any enforcement action taken against infringements detected by the search. By associating the right IP records with a search, the system knows exactly which legal rights apply when generating a complaint.
How Linked IP Records Are Used in Enforcement
Once the Search Specification is active and starts scanning eCommerce platforms (like Amazon, eBay, or Taobao), it will generate Findings—potential instances of infringement. These findings are then paired with the related IP records to enable auto-drafting of complaints.
Auto-Generating Complaints
When a finding is marked for enforcement, the system automatically used the related IP records to ensure the correct IP rights are being applied for enforcement.
For example:
- If a finding is detected on Amazon.de, the system uses linked IP records within Germany (e.g., German/EUIPO records).
- Furthermore, if the finding is a trademark infringement, the system uses a record covering the relevant NICE class.
This approach ensures complaints are tailored to the correct legal rights and jurisdiction, streamlining the process and improving accuracy.
Example of Using Linked IP Records
Let’s say you’ve set up a search specification to protect your product, the Cool-Chair, across various eCommerce platforms. You’ve linked both a design registration and a copyright record to this search specification.
- The search generates a finding on Amazon.de for an infringing version of the Cool-Chair.
- The system detects that the infringement is related to the design of the product (a design infringement), and since the finding was on a German platform, it automatically links the finding to the German/EUIPO design registration.
- Using this linked IP record, the system auto-generates a complaint to Amazon.de, ensuring that the appropriate legal rights are applied in the enforcement process.
The Benefits of Linked IP Records
Linking IP records to your search specifications has several key benefits:
- Automated Enforcement:
Once linked, the system can automatically generate and submit complaints based on the relevant IP rights, saving time and effort.
- Jurisdiction-Specific Complaints:
The system intelligently selects the appropriate IP record based on the jurisdiction of the finding (e.g., using a German trademark for infringements found on a German platform).
- Infringement-Type Specific Enforcement:
Findings are paired with the relevant type of IP record, whether it’s for trademark, copyright, or design infringement. This ensures that the correct IP rights are enforced, and that complaints are aligned with the type of infringement detected.
Conclusion
Linked IP Records allow RightHub to efficiently connect intellectual property rights with findings generated by Marketplace Search Specifications. By linking the correct IP records to each search specification, you enable the system to automatically generate accurate, jurisdiction-specific complaints based on real-time findings.
Now, you might ask yourself: “what happens if the system cannot find an appropriate IP record?”. Don’t worry, we’ve got that covered in our article about “Unenforceable findings”.