Intellectual Property Rights Protection : understanding Patent Infringement

In the UK, just as in other countries around the world, specific processes, intellectual property and technologies can be protected through the use of a patent, copyright or trademark. When another business or company misuses a patented process, IP or component then they can face legal action.

However, before choosing to go to court for a potentially costly and lengthy legal process there are several steps that the legal patent owner can take to resolve the issue in a fair and effective way.

 

1. A Simple Letter
If you believe that your patented process, technology or concept is being used by another company the first option should be a direct communication to that company or business. The European Patents Office keeps records of all patents, so proving that you have the patent and writing a letter to ask the other company to cease use may be all that is required. Whilst you can prepare this letter yourself having an IP lawyer draft and send the letter may have more of an official ring and will let the other company know that you do have legal representation in this matter.

2. A Counter-Claim
Sometimes after the other company receives the letter they will issue a counter-claim that they, in fact, have the patent on the specifics in question. They may also claim that there is no patent on the specific process, IP or technology they are using. In this case a small fee of about two hundred pounds can help resolve the issue. The Intellectual Property Office can complete a opinion based on the claim and counter-claim. This investigation and subsequent opinion usually takes between two and four months to process, which can be too long for a business to wait.

3. Legal Assistance
A speedier option is to retain a specialist Lawyer who can provide the right intellectual property advice and can represent you in direct negotiations with the other company or party. Getting a lawyer involved early in the process can also help in decreasing costs and the risk of a long civil action. The lawyers will act as your representative in discussing the merits and legal aspects of the case and informing the other party and their representatives of options for resolution of the matter. This may include compensation for past and future use or an agreed upon discontinuation of use of the IP.

 

Negotiations may also include mediation or arbitration. Both are less costly than a full legal action and will also result in a quicker settlement with regards to time. Arbitration is generally more costly than mediation but both can be very effective.

4. Civil Action

In the event of the breakdown of negotiations or the inability to come to a suitable settlement, IP litigation can follow. An IP lawyer can file an interlocutory injunction until the case gets to court, effectively preventing any use of the IP until a final decision is rendered by the Patents Court or Patents County Court.

Damages will be assessed by the Court that can include a percentage of legal fees paid in bringing the other side to court. In addition damages for losses due to the wrongful use of the patented IP will also be awarded based on the financial information provided.

Want to know more about protecting intellectual property rights? Contact us today

For more information, or for free initial intellectual property advice on the phone, contact our specialist IP Solicitors today.

• call (01722) 422300  for FREE initial phone advice or
• email us at advice@intellectual-property-lawyer.co.uk

 

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