Summary of key concepts
The thinking about enforcing your IP rights you need to consider a number of issues.
Avoid infringement "Prevention is better than cure"
Avoiding infringement of IP rights owned by others' involves determining what IP rights exist prior to the launch of a new product or service by searching IP registers on our website. This is easier with IP rights that are registered, such as patents and trade marks, and more difficult with unregistered rights such as copyright.
Never use material that you have obtained from other people without asking whether you have permission or clearance to use it.
Be vigilant on the internet
The internet raises particular issues and challenges for the enforcement of IP rights. There is no principle that material available on the internet is in the public domain.
Electronic material and data can be protected by copyright, branding elements by a registered trade mark and processes used on the internet can be protected by patents.
As the internet is a constantly changing environment, you should make sure you are aware of developments that could have an impact on you or your business.
Develop an infringement strategy
Develop an infringement strategy to set the parameters for enforcing your IP rights. An infringement strategy involves deciding who to sue, when to issue proceedings and the budgets that will apply.
IP insurance
Where it is available, obtain insurance to cover the legal costs of IP infringement actions. Such proceedings can be expensive, particularly if the existence of your IP rights is in doubt or is challenged by the infringer.
You should consider which type of policy will provide you with the most appropriate cover.
Letter of demand
Before you start legal proceedings you can issue a letter of demand to the infringer. This should clearly establish your right to sue the infringer and the demands you expect the infringer to comply with in order to avoid infringement proceedings being issued.
Set clear goals
In prosecuting an infringer of your IP rights, set the goals you intend to achieve and have an understanding of the procedures involved in litigation. If you are in any doubt about what will be involved, ask your lawyer to explain the litigation process and how it will affect you.
Avoid infringement
Avoiding infringement of IP rights owned by other people involves making enquiries to determine what IP rights exist. This is easier with IP rights that are registered, such as patents and trade marks, and more difficult with unregistered rights such as copyright.
Never use material that you have obtained from other people without asking whether you have permission or clearance to use it.
Be vigilant on the internet
The internet raises particular issues and challenges for the enforcement of IP rights. There is no principle that material available on the internet is in the public domain.
Electronic material and data can be protected by copyright, and processes used on the internet can be protected by patents.
As the internet is a constantly changing environment, you should make sure you are aware of developments that could have an impact on you or your business.
Last Updated: 13/12/2012
