Infringement Advice & Support
Investing in, creating and obtaining intellectual property (IP) rights is only worthwhile if you can effectively enforce your IP.
You do this by preventing competitors from exploiting it for their own benefit. Equally, being accused of exploiting IP belonging to someone else is a serious issue that needs to be dealt with robustly.
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We handle all IP disputes involving infringement of patents, trade marks, designs (registered and unregistered), and copyright.
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The honest answer is that it can be. However, we ensure that our approach is tailored to your business needs, taking into account your resources (both time and money), the potential value of the claim, and the commercial importance of the outcome to your business.
We recognise that your interests are usually best served by a swift and effective resolution of a dispute, ideally before any court proceedings are initiated.
If court proceedings are necessary in England and Wales, there is a specialist court (the Intellectual Property Enterprise Court or ‘IPEC’) that handles IP disputes worth up to £500,000. Proceedings before the IPEC are designed to be as streamlined as possible, with a strict cap on the costs that the successful party can recover. This can help both parties to budget for each stage of the proceedings. The IPEC is therefore a very effective venue in which SMEs, in particular, can quickly and easily enforce their IP rights. More complex cases involving IP rights can be heard in the High Court.
Scotland retains its own separate legal system that includes the infringement of IP rights.
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We have a trusted worldwide network of associates that we can call on to assist you.
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The IPEC has a ‘small claims track’ that may be suitable. It has been designed for claims worth less than £10,000 and to be used without legal representation. Further details can be found here.