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General terms & definitions

A brief introduction to online IP protection terminology

Brand Abuse

Exploiting a brand through different forms of IP violations (counterfeiting; cybersquatting; trademark, copyright and patent infringements) in order to profit illegally from it or damage its reputation.

Brand Protection

All the actions taken by the rights holder in order to protect a company’s trademarks, designs or patented technology.

Cease and desist letter

A cautionary letter sent to a person, business or organisation, which seeks to inhibit or to prohibit a person, business or organisation from engaging in a certain activity or from continuing an existing one, which is allegedly infringing or violating one’s rights. It usually provides notice that legal action may be taken, should the allegedly infringing party continue the conduct in question.

Cease and desist order

A legal order issued by a court, which seeks to inhibit or to prohibit a person, business or organisation from engaging in a certain activity or from continuing an existing one.

Crawler

A computer program that systematically browses the web and collects information from other sites for the purpose of creating an index that will facilitate future fast searches.

Copyright

A legal right creators have over their original, creative work and which allows them to exploit it. The works protected by copyright include literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; and sound recordings.

Counterfeit

A product that intends to imitate a genuine brand, using its logo and design without their permission, in order to deceive the customer and lure them into buying it.

Counter notification

A legal request people subject to intellectual property infringement claims may submit in order to dispute the corresponding allegations.

Cybersquatting

Registering or using an internet domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else.

Ecommerce

Short for electronic commerce, it includes any business or commercial transaction conducted through the Internet.

Fake Apps

When an application uses a company’s trademark or IP in order to appear as an official download of the brand on Apple, Microsoft, and Android stores.

Grey market

An unofficial market where goods are sold through channels that have not been authorised by the official supplier. The actual products, however, may not be explicitly illegal.

Impersonation

When someone tries to appear as the genuine social media outlet or website of a brand.

Industrial design

A form of intellectual property right that protects the visual design of objects. This includes their shape, pattern, color, lines and aesthetic aspect.

Intellectual property rights

These are rights granted to people over the creations of their minds. This includes trademarks, patents, copyrights, and design rights.

Internet monitoring

The act of analysing internet traffic to detect the sales of counterfeit goods, as well as the infringement of patents and copyrights.

Knockoff

A product that resembles another item, but isn’t exactly identical. Knockoffs are usually made with lower quality materials and are usually sold at a cheaper price than the original.

Online enforcement

The act of removing IP-infringing products online.

Online marketplace

Ecommerce site where people can access products and services provided by multiple sellers.

Patent

A set of rights granted by a government to a creator in order to protect an invention for a limited period of time. Processes or products that provide a new way of doing something or a solution to a technological problem may be considered inventions.

Piracy

The unauthorised reproduction and distribution of copyrighted materials on the internet.

Replica

A replica product is one that copies the look or the design of an existing product, without infringing on its trademarked name or logo.

Trademark

A recognisable word, phrase, symbol or design that identifies the goods and services of a company and distinguishes them from those of others. Trademarks can be owned by individuals, business organizations or legal entities and are protected by intellectual property rights.