IP disputes

IP disputes

IP disputes may involve the typical IP rights such as patents, trade marks, rights to claim passing-off, copyright, design rights and confidential information/trade secrets. Particularly in the digital age, causes of action that arise out of ‘traditional’ IP rights may also be wrapped up with other legal issues such as defamation, data protection, and advertising and marketing regulation.

This topic contains guidance on strategic and practical steps for dealing with IP disputes, including ways of trying to avoid them in the first place.

Pre-action considerations

When considering starting infringement or invalidity proceedings, there are many strategic issues to take into account. The first step is often to draft an appropriate letter of claim or cease and desist letter. For more information, see Practice Note: How to draft a letter of claim in an IP dispute.

For examples, see Precedents:

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Letter of claim—patent infringement
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Letter of claim—trade mark infringement
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Letter of claim—passing off
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Letter of claim—copyright infringement
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Letter of claim—design right infringement
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Letter of claim—breach of confidence
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Letter

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