IP Dispute Specialists
Our Solicitors specialise in Intellectual Property Litigation. IP is a valuable asset and needs careful protection. Failure to safeguard and enforce your intellectual property rights can leave your competitor to profit from your innovative service or product. In the event, however, of a dispute, taking expert legal advice to safeguard your rights at an early stage can prove critical.
In the event a dispute arises, our team can help you with regard to a wide range of Intellectual Property Litigation cases ranging from designers and authors rights, to software, patents and copyright including:
- Intellectual Property theft
- Patent disputes
- Copyright infringement
- Patent litigation
- Domain disputes
- Trademark infringement
- Misuse of confidential information
- Branding disputes
- Unauthorized use of trade secrets
How to Prepare For an Intellectual Property dispute
In order to prepare for an IP dispute you should do the following:
- Identify what type of IP right is being challenged
- Assess who has ownership rights over the IP
- Check the legality and status of the IP right
- Consider what defence or counterclaim your opposition may bring against you
- Think about your financial situation and whether or not you can afford to embark upon litigation
- Think about the financial situation of the defendant; are they able to bring a case through litigation
- Gather evidence surrounding the IP right
- Think about using alternative dispute resolution to resolve the matter in a more amicable and cheap manner
What happens if I take legal action against someone who copies my work?
If you are successful at a copyright infringement trial you will be entitled to damages – generally taking the form of a reasonable licence fee, though in rare situations you may be entitled to some of the profits of the person using your work. You can also get an injunction to stop someone using your copyright. This may be granted permanently after trial or prior to trial in the form of a temporary injunction. You may also be entitled to seize infringing copies.
Clients are using my work for more than was originally agreed. Can I stop them or charge more?
Usually yes, although we would have to know the scope of your original instructions. However, there is by implication a right to ask for a further fee where the work is used more extensively than originally planned. You should approach the client on that basis and perhaps agree an additional fee for each additional use of the concept. For the future you should think about the terms on which you wish to provide your skills to others and what is appropriate remuneration for the work you do.
Getting the right terms and conditions for your business is the best way of making sure you get fair pay for your work.
Where 2D work is commissioned and nothing is said about copyright, the legal title belongs to the creator of the work. In this case that means you. However, you always need to look at what was agreed at the time between the creator and the client to establish whether the client has a right (lawyers call this an equitable right) to ask that the legal title in the copyright be transferred to them.
Why settlement is usually preferable to litigation
Litigation is expensive and uncertain. Even if you believe or are advised you have a strong claim it’s often better to settle if a reasonable offer is made and grant the user a licence for past and future use. You should also assert your moral rights. If your work has been copied and you want legal advice on how to proceed contact us today.
Why choose us as your Intellectual Property Litigation Solicitors?
We provide city quality IP advice at local prices – making previously specialist virtual property advice affordable to businesses of every size – from sole traders to SME and multinationals.
We can help you with regard to any Intellectual Property Infringement throughout Wiltshire, Dorset, Hampshire, Somerset and nationwide. Our intellectual property solicitors can see you in our Salisbury, Andover or Amesbury offices. Equally taking instructions by e-mail and phone, we can advise you wherever you are based without needing to meet.