Unión Europea
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Could the US support its assertion that "most intellectual property owners bring legal actions soon after they become aware of an infringement, not seeking primarily to obtain damages ..."?
The equitable doctrine of laches applies to actions for the enforcement of intellectual property in the United States as it does to other assertions of rights against another through court action. Judges have discretion to bar relief in the event unreasonable and inexcusable delay by a plaintiff in filing suit results in material prejudice to the defendant. The doctrine is more flexible than a statute of limitations and requires an assessment of the facts in each case regarding the reasonableness of the delay and the prejudice to the defendant. Prejudice to the defendant can occur if the passage of time decreases a defendant’s ability to vindicate itself because of the death of witnesses, fading memories, or stale evidence; or because changes in the circumstances or relationships of the parties make it unfair to let a suit go forward. See 15 U.S.C. § 1115(b)(8). In addition, statutes of limitations in regard to damages apply in connection with several forms of intellectual property. See 17 U.S.C. § 507(b); 35 U.S.C. § 286; 17 U.S.C. § 911 (d); and § 6 of the Uniform Trade Secret Act, on which most state trade secret laws are based.