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IP Enforcement

Assert your intellectual property rights against potential infringers

Enforcing your IP

If somebody infringes your intellectual property rights, for example by using your patented technology or your registered trade mark, you can take legal action to enforce your rights.

We assist our clients with the enforcement of their patents, trade marks, designs and other intellectual property rights. We also regularly assist clients accused of infringing somebody else’s intellectual property.

IP enforcement matters are handled by our experienced patent and trade mark attorneys. Depending on the rights in question, there can be a number of different enforcement options available to the rights holder. We are skilled negotiators and have secured successful settlements for many of our clients.

We understand that any enforcement matter needs to be carefully considered. We work closely with our clients to help them understand the benefits any action may bring, versus costs and uncertainties, so they can make the right decision for their business.

Our IP enforcement services

We assist clients with enforcement and other contentious issues relating to intellectual property rights.

We can set up watching services to monitor competitors’ activities. This can be an important part of an enforcement strategy as it gives you the opportunity to raise early objections, for example to the grant of a patent for an invention because the invention is not new, or to the registration of a trade mark because it is similar to your own.

When a potential objection is identified, we help our clients to consider whether to take action and set out the options available to enforce their rights. The majority of intellectual property disputes are settled without the need for legal proceedings, and we regularly negotiate settlement and coexistence terms with third parties, including with those who have accused our clients of infringing their rights.

Where matters cannot be settled, we have considerable experience in contentious proceedings, including opposition and cancellation actions. We handle contentious proceedings before the UK Intellectual Property Office (UKIPO), European Patent Office (EPO) and, through Wilson Gunn (Europe), at the European Union Intellectual Property Office (EUIPO), both at first instance and on appeal. We also have a wealth of experience in supporting legal teams in UK litigation. We are routinely involved in contentious overseas matters, which we coordinate through our local counsel.

We also assist clients with anti-counterfeiting measures, including customs recordals, customs actions and liaising with customs authorities and Trading Standards.

If you would like our assistance in enforcing your rights, or responding to a third party who has accused you of infringing their rights, please get in touch to speak to one of our attorneys.

Wilson Gunn