Copyright Disputes and Enforcement

In copyright law, there is no formal opposition or invalidation procedure comparable to those found in trademark or design registration systems. This is because copyright protection generally arises automatically upon the creation of an original work, without any requirement for registration or examination by an intellectual property office. As a result, third parties cannot "oppose" the subsistence of copyright in the same procedural manner as they might oppose a trademark or design application. 

However, individuals or entities who believe that their copyright has been infringed may pursue a range of enforcement and dispute resolution mechanisms, both judicial and extrajudicial. These mechanisms are typically aimed at stopping unauthorised use, securing compensation, or asserting control over the reproduction, distribution, or public communication of the protected work. 

Where copyright infringement occurs online - for example, through the unauthorised reproduction or distribution of protected content on websites, social media platforms, or peer-to-peer networks - rights holders may issue takedown notices under frameworks such as the EU InfoSoc and DSM - Directives or the Digital Millennium Copyright Act (DMCA) in the United States. These administrative procedures offer a streamlined means of requesting the removal of infringing content from online platforms, often without the need for immediate judicial involvement. Under certain conditions, the internet platforms even need to proactively remove infringing content. 

For more complex or contested cases, copyright owners may bring civil proceedings before the competent national courts. In such proceedings, the claimant typically must demonstrate (i) ownership of a valid copyright, (ii) the unauthorised use of the protected work, and (iii) resulting harm or risk of harm. Available remedies include injunctions, damages, account of profits, and in some jurisdictions, the seizure or destruction of infringing goods. 

At De Clercq & Partners, we assist clients in protecting and enforcing their copyright rights at both national and international level. Whether through notice-and-takedown procedures, pre-litigation negotiations, or court proceedings, we provide strategic advice and legal support tailored to the nature of the work and the commercial objectives of our clients.