In today’s technology-driven world, Intellectual Property has an indispensable role to play. Similarly, a patent is an important asset for an organization. An organization can grow in demand through its patenting activities. However, obtaining a grant of a patent is a long process with multiple checks on novelty, non-obviousness and industrial application of the invention. A patent gives an exclusive right to the inventor to make, use and sell his invention. This exclusive right is given for a period of 20 years from the date of filing. The main idea behind a patent is to protect the inventions that are created, thereby encouraging more developments.
What is DMCA?
The DMCA is a US Copyright Law which relates to the process of removing content from the internet. It criminalizes the unlawful use of copyrighted material. Despite it being an American law, it has effects on a global level.
For example, Instagram’s server is in the United States. So even if you are in India, it is the US Copyright Law that governs the content you upload, and not Indian. Imagine you are a content creator. You notice that a website hosted on an American server is misusing your content. In such a situation, you can make a DMCA claim
What is a DMCA Takedown?Takedown is the process of taking down infringed content. It is usually the owner of the copyright who notifies the service provider of the same. It is a popular internet standard. It ensures that website owners and internet service providers adhere to certain guidelines. If someone posts copyright material online without the owner's permission, they can file a takedown notice. It may be done against the owner of the website, or an online service provider.
The Procedure of a DMCA Takedown
Step 1 - The owner of the Copyright or their agent sends a takedown notice to the service provider. The said provider may be a search engine, an internet service provider, website operator, and so on.
Step 2 - The service provider delivers a copy of the notification to the infringer. They may be a subscriber, user, or any other person. They are responsible for the infringement of the copyrighted work.
Step 3 - The alleged infringer does not believe that he is infringing a copyright. In that case he has the option to file a counter-notice. He issues it to the service provider. He rejects the copyright owner's claim and provides proper justifications.
Step 4 - The service provider receives the counter-notice. Now, he must deliver the counter notice to the copyright owner or the person who sent the takedown notice.
Step 5 - After that, the service provider must wait for a fortnight or so. The owner of the copyright may file a suit against the alleged infringer during this time. The content will remain off the website during the pendency of such proceedings. What happens if the copyright owner does not file a suit within the stipulated time frame? The provider has to provide access to re-activate the alleged infringing material.
Note - There is a chance that the infringer is a repeated offender. In that case, the service provider will cancel the corresponding services of the subscriber. If the copyright feels so, they should contact the DMCA agent of the service provider. They should use the above-mentioned process for the same. The holder of the copyright must, in that case, provide enough information. It is to ensure that the service provider is aware of his repeated offences.
Our DMCA Takedown Services
Is your content/ work copied? Unable to determine the kind of infringement? Are you willing to enforce your exclusive right? Do you want to remove the copied content expeditiously? Then You are in the right place to enforce your rights! What we need:
1. Your personal details, like your name, address, email and contact number
2. List of original links
3. List of infringing links
4. An explanation how your rights are infringed
5. IP registration certificate (if any)
6. Authorization letter
1. Do thorough research on your infringement (Piracy Search)
2. Send notice to the infringing website
3. Send notice to the host
4. Inform you when the contents are removed
1. An update in every 5 working days
2. Evidence of removal
3.Copyright takedown notice
4. Trademark takedown notice
5. Design patent takedown notice
6. Utility patent takedown notice
7. Personal Information takedown notice