IP Disputes

Intellectual property disputes can threaten your business's most valuable assets. Whether you need to enforce your IP rights or defend against infringement claims, our specialist IP litigation solicitors provide expert representation.

What Our IP Dispute Solicitors Can Help With

• Trademark Infringement: Enforcement and defence of trademark rights
• Copyright Infringement: Digital and traditional copyright enforcement
• Patent Infringement: Technical patent disputes and validity challenges
• Design Infringement: Protecting and challenging design rights
• Passing Off: Common law protection for business reputation
• Trade Secret Theft: Confidential information and know-how disputes
• Domain Name Disputes: UDRP proceedings and cybersquatting cases
• IP Licensing Disputes: Contractual disputes over IP licensing agreements

Types of IP Disputes

Enforcement Actions (You Own the IP):

• Cease and desist letters
• Negotiated settlements and licensing deals
• Interim injunctions for urgent cases
• Full infringement proceedings
• Damages and account of profits claims
• Criminal referrals for serious counterfeiting

Defence Actions (You're Accused of Infringement):

• Validity challenges to IP rights
• Non-infringement arguments
• Prior use and exhaustion defences
• Fair dealing and fair use defences
• Revocation and invalidity proceedings
• Counterclaims and cross-actions

IP Court Procedures

UK IP Courts:

• High Court (Chancery Division): Complex and high-value IP cases
• Patents Court: Specialist patent and technical cases
• Intellectual Property Enterprise Court (IPEC): Smaller IP disputes (damages cap £500k)
• County Court: Lower-value IP disputes
• Trade Mark Registry: Opposition and invalidity proceedings

Alternative Dispute Resolution:

• Mediation: Structured negotiations with neutral mediator
• Arbitration: Private binding decision by IP expert
• Expert Determination: Technical issues decided by specialist
• Early Neutral Evaluation: Preliminary assessment of case merits

IP Dispute Costs and Funding

High Court IP Litigation Costs:

• Simple cases: £50,000-£200,000 per side
• Complex cases: £200,000-£1,000,000+ per side
• Patent cases: Often £500,000-£2,000,000+ per side
• Trial costs: £20,000-£100,000+ per day

IPEC Costs:

• Costs capped at £50,000 per side
• Damages capped at £500,000
• Streamlined procedures
• Shorter trial periods
• More proportionate to smaller disputes

Funding Options:

• Conditional Fee Arrangements (CFAs): No win, no fee arrangements
• After the Event (ATE) Insurance: Cover for opponent's costs
• Third Party Funding: Commercial litigation funding
• Legal Expenses Insurance: Existing insurance coverage
• Damages-Based Agreements (DBAs): Success fee based on recovery

Emergency IP Relief

Interim Injunctions:

• Urgent court orders to stop infringement
• Available within days or weeks
• Requires serious question to be tried
• Balance of convenience test
• Cross-undertaking in damages required
• Can include delivery up and asset freezing

Search and Seizure Orders:

• Anton Piller orders for evidence preservation
• Search premises for infringing materials
• Preserve electronic evidence
• Prevent destruction of evidence
• High threshold for obtaining orders

International IP Disputes

Cross-Border Enforcement:

• Parallel proceedings in multiple jurisdictions
• Forum shopping and jurisdiction issues
• International service of proceedings
• Recognition and enforcement of foreign judgments
• Brussels Regulation and Hague Convention procedures

Online Enforcement:

• Domain name disputes (UDRP, URS)
• Platform takedown procedures
• Social media enforcement
• E-commerce marketplace disputes
• Digital asset seizure

Settlement and Licensing

Settlement Considerations:

• Commercial value vs litigation costs
• Strength of IP rights and infringement case
• Ongoing business relationships
• Publicity and reputation issues
• Time and management distraction
• Certainty vs risk of trial outcome

Licensing Solutions:

• Exclusive or non-exclusive licenses
• Territory and field of use restrictions
• Royalty rates and payment terms
• Quality control provisions
• Cross-licensing arrangements
• Patent pools and standard essential patents

Why Choose SolicitorConnect for IP Disputes

• IP Litigation Specialists: Barristers and solicitors focusing on IP disputes
• Court Experience: Proven track record in all IP courts and tribunals
• Technical Expertise: Understanding of complex technical and creative issues
• Commercial Focus: Business-oriented approach to dispute resolution
• International Reach: Coordinated global enforcement strategies
• Cost Management: Efficient case handling and alternative funding arrangements

IP disputes require both legal expertise and commercial judgment to achieve the best outcomes for your business.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.