Is somebody using your intellectual property without permission?

It is a tough moment in business when you discover that somebody has copied your product, stolen your invention or has imitated or used your logo so that they can trade on your good name.

Registering a Trade Mark or obtaining a Patent makes it much simpler to take legal action in cases such as these.

If you are aware that someone is infringing upon your IP, the first thing you can do is contact the offending company or person to point out what they are doing and explain your rights. They may simply not be aware that they are doing anything wrong.

If they ignore you, a ‘cease and desist’ letter from a Solicitor can focus minds. This tells the other party to stop infringing and explains that legal action will be taken against them if they do not stop their infringement.

Should the offending party refuse to comply with the ‘cease and desist’ letter, the matter could be resolved through mediation or if you feel that both can use the intellectual property successfully, perhaps a licensing arrangement.

If court proceedings are necessary, an application to the court for an Injunction will be made. This application must be made promptly as any delay will be held against you.

If you would like to discuss protecting your intellectual property, in this or any other circumstances, please contact us.

Trade mark registrations, oppositions and renewals

  • advice on registering your company name or logo strengthening your brand
  • transfers of title
  • infringement and passing-off procedures
  • revocation actions and challenges to validity

Patents and protection of inventions

  • advice on registering your invention and protecting your know-how

Copyright and designs

  • advice in relation to the protection and licensing of copyright and designs
  • registration of design rights

Commercial agreements that will release the value of your IP

  • advising developers, licensors and licensees
  • joint ventures
  • research and development
  • data sharing

Confidence and trade secrets

  • drafting of non-disclosure agreements
  • taking injunctive action

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