Intellectual Property Disputes
A business should not underestimate the significance of Intellectual Property Rights (‘IPRs’) which can become valuable assets.
IPRs can be utilised for the benefit of the business by, for example:
- Raising finance from the Bank or external investors
- Licensing to a manufacturer, thereby generating royalties for the business
- Development under a franchise license
Our team has significant experience in dealing with disputes relating to all forms of IPRs including:
- Registered Designs
- Licensing | Assigning | Selling of Intellectual Property Rights
- Commercial Arrangements
- Prosecution of Trademarks before UK and EU Intellectual Property Offices
- Confidential Information
Got a question?
Where IPRs have been infringed or misappropriated, we are able to advise on the best course of action to protect the interests of our clients and their businesses.
We are able to assist in relation to the full range of IPRs disputes including:
- Passing Off
- Breach of Copyright
- Theft of Copyright
- Patent Infringement
- Disclosure of Confidential Information and Database
We appreciate that swift action is required to prevent the ongoing infringement and to protect the valuable IPR of the business.
In order to protect each client’s rights, we regularly attend before the relevant tribunal or court and seek Orders to protect our client’s position to include injunctive relief as well as Search Orders.
Conversely, we also represent clients who are accused of infringing the IPRs of another company or business. We have a track record of resisting such claims and working to achieve a commercially viable solution for our clients at all times.
Our team deals with a wide range of sectors including:
- Arts & Entertainment (music, film and all other media)
- Science & Technology
- Graphic Designers and Designers
- Tattoo Artists
- Research and Development Businesses
The Court or Tribunal Process
We undertake Intellectual Property litigation before the:
- Intellectual Property Tribunals
- Intellectual Property Enterprise Court
- High Court
We appreciate that costs will be at the forefront of our client’s mind when such a dispute arises.
We understand that the cost to a business of such a dispute is not just financial but reputational.
We take great pride in always seeking to secure an early resolution in keeping with our client’s stated goals.
We will actively seek to avoid the courtroom and the associated costs of litigation if at all possible.
Our team is experienced in Alternative Dispute Resolution (ADR) and will provide quick and effective advice on the range of options available to settle the dispute in a commercially sensitive manner. The options could include mediation, arbitration or a ‘without prejudice’ meeting or negotiation.
Our experience demonstrates that there is occasionally a cross-over between the infringement of IPRs and criminal law. Police forces in the UK now have specialist Intellectual Property teams which seek to investigate and prosecute those infringements that meet the ‘public interest’ test.
Our specialist criminal team is able to advise and assist in relation to any criminal investigation involving Copyright theft and Intellectual Property, Patent or Trademark infringement.
If a criminal prosecution is pursued, it is likely that further proceedings under the Proceeds of Crime Act 2002 (POCA) will also be initiated at the conclusion of the criminal case if any wrongdoing has been proven. Our specialist POCA team is ranked as one of the best in the country and will be happy to assist.