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IP disputes arise quite frequently. We have the expertise to assist clients who need to enforce their IP or defend a threatened legal action.
Enforcement
Many of our business, institutional and private clients own valuable IP rights. These may include patents, trade marks, domain names, designs or copyrights. It is essential that clients always enforce their IP rights against any parties that misappropriate them.
Defence
Our clients are sometimes on the receiving end of IP enforcement actions themselves. We can formulate the best defensive strategies and offer support in any settlement negotiations which may follow.
We cover all types of IP
Our team is highly skilled in handling contentious IP and can place you in the driving seat where you need to assert, defend or conserve your IP. Our expertise covers a wide range of IP matters including patent, copyright, design and trade mark disputes.
Trade mark and copyright actions often relate to infringements on the internet or in social media. Even if you have not registered any trade marks or designs, we can assist you with claims for “passing off” or breach of unregistered design right. Through our numerous connections with trusted overseas IP professionals, we can source advice and take action in other jurisdictions.
Specific actions where we can help concerning IP disputes include:
IP disputes are often avoidable at the outset if you have a good understanding of the IP you own and how you can enhance the scope of protection it offers.
It is usually difficult to predict the costs that may be incurred in any IP action, but we provide transparency on costs and agree estimates with you beforehand.
Partner in Business Law
City-quality advice at regional prices – highly specialised solicitors offering expert advice and representation at competitive regional prices.
Solutions-oriented – we go beyond legal advice to provide practical personalised solutions and strategic commercial insights.
Accessible and responsive – easily accessible and responsive, ensuring you receive timely and proactive advice, when you need it.
Transparent pricing, no hidden fees – expect upfront pricing for your peace of mind and financial clarity throughout a matter.
Full service support – comprehensive legal services for every stage of your business, supported by seamless collaboration across our specialist teams.
Trusted by clients and professionals – our track record speaks for itself with a strong reputation for achieving outstanding results and high professional rankings.
Please click here to view details of our Business Law Pricing Information.
If you infringe someone’s IP rights, the owner has the right to pursue legal action against you. This can lead to court orders for injunctions, compelling you to cease the infringing activity, as well as orders to cover significant legal expenses, damages, or payment of profits that you have derived from the infringement.
If you discover that someone may be infringing your IP rights, it is important not to contact the infringer before obtaining legal advice, as this may have an adverse effect on your business. Tipping off the infringer that you are aware of what they are doing may enable them to cause further damage before you have had a chance to assess the overall situation and formulate a plan. To address a potential infringement, you should contact an IP lawyer to determine a strategy to address the issue which can include:
In any case, continuous monitoring for infringement and taking swift action to protect your IP assets is essential.
Receiving a notice of a third party IP claim can be concerning, but it’s important to get to grips with the situation promptly and effectively. You should contact an IP lawyer as soon as possible, who can assist you with a review of the basis for the claim, understanding the nature of the allegations made and the foundation of any defences, and assessing the validity of the IP claim by comparing it with your own IP rights and the activities in question. They can also help you collect evidence to support your defences and prepare a formal response to the third party.
Unfortunately, IP disputes frequently arise. Such disputes can include infringements of your IP rights by third parties or third parties alleging that you have infringed upon their IP rights. Both cases can potentially result in demands to cease and desist from using the IP asset and demands for damages, accounts of profit and legal costs.
These disputes can disrupt your normal business activities, use up limited management resources and even cause reputation damage as being involved in a public dispute can harm your goodwill and image, impacting relationships with customers and partners.
There are several precautions you can consider to prevent third party disputes in the future, which can include:
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