Infringement

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Intellectual Property Infringement

We may be able to assist you if you have been accused of infringement or if you have discovered that someone else is infringing your Intellectual Property (I.P.).

We conduct due diligence including analysing competitors IP positions - the validity, breadth and enforceability of their patents or registered designs, so as to recommend specific non-infringing product designs or arrangements and thereby avoid infringement This is usually done following a free to use or prior art search covering the jurisdiction in question, although we can conduct an Infringement and Validity Assessment by comparing specific technologies, and in the absence of a professional search.

We can also help you obtain consent from patent or trade mark holders, negotiate licence terms, and can assist with the selection of a different and distinctive brand or trademark, one that is unlikely to infringe. Generally it is advisable to seek an opinion on infringement, or conduct a clearance search before entering a new market with your product, brand or design.

Such actions can save substantial monetary sums in unnecessary litigation expenses by avoiding liability before entering a market or launching a new product. However, if there are already infringement proceedings or you have received a letter from a solicitor or legal representative of someone who claims that you are infringing their product or brand, then contact us to find out if we can help you.

motorbike engine
A Patent drawing for a motorbike engine

Did you know ?

Where there are allegations of patent infringement or invalidity, a party may apply to the UK Intellectual Property Office for an opinion as to whether
(a) a particular act constitutes (or if done, would constitute) patent infringement, and / or; (b) that the invention in question is not patentable due to a lack of novelty or absence of an inventive step.
The opinion is not binding on any party. However generally the opinion serves to assist a party see the merits of an infringement action, the likely costs of infringement proceedings and /or to negotiate a settlement. Either a patentee or the exclusive licensee of the patent may apply to the IPO for a review of an opinion.

   
Patent drawing of a light

Actions we can undertake

Respond to threatening letters outlining your position.

Conduct a Validity Assessment of an IP right.

Conduct an indepth analysis of a technology, product or design to ascertain if it infringes or is likely to infringe another technology, product, design or IP right.

Suggest licensing terms to a rights holder or review the terms of a licence you have received from a rights holder or their representative.

Mediate between you and the IP right holder.

Draft Cease and Dessist letters to a suspected infringer.

Obtaining a court order and contacting HMRC on your behalf to request them to detain counterfeit goods.

Contact us on 0161 435 6212 to find out how we can help you.