Intellectual Property Disputes
Protecting your intellectual property is essential to protecting the value of your business. From your brand and trade secrets to the knowledge, processes, and innovations that set you apart, these assets play a key role in your success. If someone copies, misuses, or discloses your intellectual property, the impact can be harmful to your business. We’ll act quickly to help you protect your rights, safeguard your reputation and minimise disruption to your business.
Asset identification
We’ll start by identifying the intellectual property that’s valuable to your business and reviewing the protection you already have in place. This could include registered trade marks, patents, copyright, design rights or confidentiality measures that protect your ideas, products and brand.
Infringement
There are different forms of intellectual property disputes ranging from a use of your copyrighted material without your consent, the use of a design or name that is similar to yours (known as ‘passing off’) or the duplication of a product you have a patent in relation to.
Protection
We will advise you on appropriate routes to take to protect your intellectual property, this can include litigation, alternative dispute resolution, and licensing your intellectual property for use.
Litigation
If litigation becomes necessary, we’ll move quickly to protect your position. We’ll contact your opponent, issue cease and desist correspondence where appropriate, and set out your case clearly and confidently.
Remedies
Often you will seek an injunction, or an undertaking from the party infringing your rights, to stop the continuation of any infringing activity. You will also want to recover the losses suffered as a result of the infringing act – the value of those losses will depend on an important choice in relation to whether you seek to assess those damages on the basis of the losses you have suffered or the profits made by your opponent (known as an account of profits).
Questions we’re often asked
This depends on the nature of the claim. There is a specialist Intellectual Property Enterprise Court dealing with a wide range of intellectual property disputes. We are experienced in dealing with claims within that arena.
Yes. The time limit depends on the nature of the claim and time is often of the essence in intellectual property disputes to ensure your asset is protected.
You should take swift action, delay can be prejudicial. Gather evidence of your concerns and seek early advice.
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