Intellectual Property Dispute
Intellectual Property Dispute
Intellectual property is the term used to describe a range of legal rights attached to certain types of information and ideas as well as to their particular forms of expression.
As a business, you will need to be aware of the different types of intellectual property rights to ensure that what you own or create is protected from use by others. Another person or business may be using your intellectual property without your consent. Similarly, you may have been told by another business that you are infringing their intellectual property rights. In either case, it is important to take legal advice at the earliest possible stage.
Occasionally, intellectual property (IP) can lead to disputes. For example, this could be about ownership, what your IP covers or because you have infringed someone’s IP.
Given the consequences of a successful – or unsuccessful claim – including potentially substantial damages, enlisting specialist assistance is a given. Check for a proven track record in your particular sector – technology, for example, can be particularly demanding because of its natural complexity so look for solicitors who are comfortable in this environment. If your claim is multi-jurisdictional, ensure your solicitor has the international resources to manage a cross-border claim.
Look to an IP specialist to advise on the merits of the case and devise the most suitable course of action. They need to demonstrate commercial focus – litigation needs to cost-effective and it is not always the case that you have to go to court. Using an Alternative Dispute resolution (ADR), such as mediation, can often be cheaper and quicker and the results of a decision can be beneficial to all parties.
The following are some of the most common causes of IP dispute:
- Trademarks
- Patents
- Copyright
- Confidentiality
- Database rights
- Registered and unregistered design rights
- Passing off
- Anti-counterfeiting
- Domain names
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