ENFORCEMENT
Intellectual Property Dispute Resolution
If you have been threatened with infringement proceedings or need to take action to enforce your rights in the UK or abroad, we are able to support you.
Our IP team mainly resolves IP disputes through correspondence, thus avoiding the cost and time of bringing proceedings. However, where proceedings are required, the team has extensive experience in litigating in the Intellectual Property Enterprise Court and the High Court. We have also represented clients in the Court of Justice of the EU.
While we have a strong track record of success at trial, we are equally committed to alternative dispute resolution when appropriate. Our experience includes informal negotiations and employing ADR formats such as mediation and arbitration.
The team provides the following services:
Handling infringement cases relating to all IP rights, including trade mark, design, patent, and copyright infringement
Summary judgement and default judgement applications
Interim applications, including interim injunctions and search and seizure orders
Implementing anti-counterfeiting and unlawful parallel import strategies, including enforcement action
Supporting Trading Standards and Customs seizures and prosecutions
Issuing takedown notices
Coordinating and supporting abroad
Attending mediations
Ionic Legal
FAQs
Explore our comprehensive FAQs to find answers to your questions about Ionic Law.
IP disputes can be heard either in the High Court or in the Intellectual Property Enterprise Court (IPEC). The IPEC is a specialised, lower-cost court designed to handle IP cases more efficiently, similar to the European system. This court often dispenses with or limits disclosure/discovery and witness statements.
Most cases are heard within IPEC because of lower costs and the recovery of costs from the losing party are more limited than in the High Court.
That said, most IP cases (around 99%) are resolved outside court and cases rarely go all the way.
Enforcing your IP rights is crucial for many reasons including:
• Prevents others from copying your products/services and diluting your brand. By not taking action, you risk losing your competitive advantage and eroding your profit margins.
• For trade marks, failure to enforce your marks can lead to the loss of rights as your trade marks will become generic and unenforceable. Trade marks like escalator, band-aid, post-it note, hula hoop, bubble wrap have become generic.
• Protecting business relationships with franchisees and licensees who look to the brand to protect their trade mark and prevent unfair competition.
• Protecting consumers who are confused into thinking that third party goods or services originate from you.
Most IP disputes are resolved before litigation. If litigation is necessary, costs can vary:
IPEC: Around £250,000 if the case goes to trial.
High Court: £500,000 to £1 million.
Efforts are made to keep costs down in the IPEC, and resolving disputes before they reach court is advisable.
Avoiding litigation involves taking proactive measures and working with us we help businesses to do this. This includes:
• Early Action: address potential infringements early and promptly to prevent escalation. Often it is difficult to stop a third party infringer if they have done the acts for a long time.
• Proper Protection: ensure your IP rights are well-protected, making enforcement easier and cheaper.
• Strategic Approach: Strong IP rights act as a deterrent and provide a solid foundation for legal action if necessary.
Yes, we manage IP disputes internationally through our extensive network of overseas partners. We have experience in various jurisdictions and frequently advise clients on global IP issues, ensuring a comprehensive approach to multi-jurisdictional IP protection and enforcement.
IONIC LEGAL
Get in touch
Reach out to our expert team for personalised advice and support on protecting your intellectual property.