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IP Infringement - types, remedies and risks



Sat 30 December 2023 IP Infringement - types, remedies and risks

Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, and trademarks. It grants creators exclusive rights to exploit their work commercially for a limited period. When someone uses someone else's IP without authorisation, it constitutes infringement.

Types of IP Infringement

Legal Remedies for Infringement

Infringement claims are typically filed in the High Court or Intellectual Property Enterprise Court (IPEC) depending on the complexity and value of the claim.

IP ownership disputes

Some types of alleged infringement can relate to who owns IP. Common ways these disputes occur include :-

In some cases, licensing arrangements can offer a practical solution, allowing both parties to benefit from the disputed IP while resolving ownership uncertainties.

Practical Issues and Considerations

Taking legal action for IP infringement is almost always expensive and with uncertain outcome. As with any type of legal dispute, having a strong claim offers no guarantee that you will recover losses or legal fees you incur. It is always important to consider who you may decide to sue, their likely financial means and other factors. In some instances, a decision is taken to take action to set a precedent so that any future infringers may think twice.

Strong evidence is crucial for a successful claim. This may include copies of the infringing material, records of sales, and expert witness testimony.

Legal fees can be significant, especially for complex cases. Alternative dispute resolution methods like mediation or arbitration may be cost-effective options.

International situations, where the infringement may not be in the UK are particularly complex and expensive in terms of potential legal action after infringement


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