IP Disputes

Receiving a cease and desist letter requires careful response: Don't ignore it - this could lead to court proceedings and higher costs later. Don't panic or admit infringement immediately. Gather all relevant documents, agreements, and evidence about your use of the disputed IP. Analyse the claims carefully: do they own valid IP rights? Are you actually infringing? Are there defences available? Consider your options: stop using the IP, challenge the validity of their rights, negotiate a license, or dispute their infringement claims. Respond professionally within any stated deadline. Seek immediate legal advice, especially for valuable businesses or complex technical matters. Document everything and avoid destroying potential evidence. Sometimes legitimate concerns can be resolved through licensing or modification rather than expensive litigation.

IP litigation costs vary enormously based on complexity and court: High Court IP cases typically cost £50,000-£200,000 per side for simpler cases, £200,000-£1,000,000+ for complex disputes, and £500,000-£2,000,000+ for major patent cases. Intellectual Property Enterprise Court (IPEC) has cost caps of £50,000 per side with streamlined procedures, making it suitable for smaller disputes (damages capped at £500,000). Additional costs include court fees (£154-£1,090), expert witnesses (£1,000-£5,000+ per expert), and potential liability for opponent's costs if you lose. Cost protection options include: conditional fee arrangements (no win, no fee), after-the-event insurance, third-party funding, and legal expenses insurance. Early settlement often makes commercial sense given the high litigation costs.

Yes, interim injunctions can provide urgent relief to stop ongoing infringement: These emergency court orders can be obtained within days or weeks rather than waiting years for full trial. Requirements include: serious question to be tried on the merits, balance of convenience favours granting the injunction, and damages wouldn't be adequate remedy. You must provide a cross-undertaking in damages to compensate the defendant if the injunction was wrongly granted. The court considers: strength of your IP rights, likelihood of success at trial, harm you're suffering from continued infringement, harm to defendant from stopping their activities. Additional urgent remedies include search and seizure orders (Anton Piller orders) to preserve evidence and asset freezing orders. Professional representation is essential for emergency applications given the strict procedural requirements and high stakes.

Civil and criminal IP enforcement serve different purposes: Civil enforcement is brought by IP owners seeking: injunctions to stop infringement, damages for losses suffered, account of profits made by infringers, delivery up of infringing goods. This requires proving infringement on balance of probabilities and you control the proceedings. Criminal enforcement is brought by prosecutors for serious commercial infringement involving: deliberate copying for commercial gain, organised counterfeiting operations, significant economic harm. Criminal penalties include imprisonment, unlimited fines, and confiscation orders. The burden of proof is higher (beyond reasonable doubt) and you don't control the proceedings. Criminal action is appropriate for: large-scale counterfeiting, commercial piracy, organised IP crime. Civil action is used for: most infringement disputes, licensing disagreements, validity challenges.

International IP enforcement involves multiple strategies: Parallel proceedings in different countries where infringement occurs - each country applies its own IP laws. Seek injunctions in key manufacturing countries to stop production at source. Use customs enforcement to stop importation of counterfeit goods. Consider forum shopping - choosing the most favourable jurisdiction for initial proceedings. Coordinate enforcement strategy across jurisdictions to avoid conflicting decisions. Challenges include: high costs of multi-jurisdiction litigation, different legal systems and procedures, enforcement difficulties in some countries, language barriers and local legal representation requirements. Solutions include: using international law firms with global networks, prioritising key commercial markets, seeking cost-sharing with other affected IP owners, using alternative dispute resolution where possible. Professional international IP specialists are essential for cross-border enforcement.

Several defences may be available depending on the IP type: Non-infringement - arguing your actions don't fall within the scope of their IP rights. Invalidity - challenging the validity of their patent, trademark, or design registration. Prior rights - proving you have earlier rights or established use. Exhaustion of rights - where goods were legitimately sold with consent. Fair dealing/fair use - for limited copyright use in specific circumstances. Experimental use - for research and development activities. Licensing defence - arguing you have permission to use the IP. Acquiescence - where they've accepted your use for extended periods. Prior user rights - for patents, if you used the invention before filing. Generic/descriptive use - for trademarks used in their ordinary meaning. Professional assessment is crucial as defences are highly technical and fact-specific.