Duncan Lewis Litigation Solicitors – Intellectual property disputes
Intellectual property disputes require specialist legal advice, as proving misappropriation of intellectual property (IP) can be a complex process.
The government has set up the Intellectual Property Office (IPO) to help deal with IP disputes and the main forms of intellectual property are:
- Confidential information
- Creative ideas (written word, music, visual art, concepts)
Intellectual property also covers different sectors, including the Arts and Entertainment fields, technology, scientific research and inventions and company research and development (R&D).
Employees of a company or other organisation may be required to sign their intellectual property rights over to a company as part of a contract of employment.
This may also be the case in other fields, such as the Arts – ghost writers or artists who create artworks for another artist commonly have to agree to hand over copyright in their work.
Disputes in intellectual property can occur where similarities may appear in different pieces of work – and a trail can be established between the works, which suggests infringement of intellectual rights or “copyright theft” might have taken place.
In such cases, it can be extremely distressing for both the creator or originator whose work has been infringed – and for companies, any allegations of copyright theft or theft or infringement of intellectual property can be damaging both financially and in terms of reputation.
In cases where there is an intellectual property dispute, it is important to seek expert legal advice before a dispute escalates.
Duncan Lewis commercial litigation solicitors can advise at any stage of an intellectual property dispute and will thoroughly investigate cases involving misuse or misappropriation of IP, including:
- Breach of copyright
- Disclosure of confidential information
- Passing off
- Patent infringement
- Unauthorised use of IP.
IP theft commonly involves counterfeit goods, such as fake designer goods, bootleg DVDs, and counterfeit tobacco and alcohol products.
According to UK legislation, it is possible to take action for theft or infringement of intellectual property if another party:
- Uses, sells or imports a patented product or process
- Uses all or some of an original work under copyright without the creator’s permission
- Makes, offers or sells a registered design for commercial gain
- Uses a trademark identical or very similar to a registered trademark by another creator.
Duncan Lewis will act swiftly to protect a client’s interests in any IP dispute, including advising on injunctions and remedies and damages.
UK law promotes mediation in intellectual property disputes, with dialogue between the parties to bring about resolution quickly and avoid costly litigation.
Whether the matter centres on disputes over creative IP, science and technology, confidential information or company R&D, Duncan Lewis can advise on dispute resolution and mediation to bring about an effective conclusion for a client.
Duncan Lewis intellectual property solicitors can advise all types of creator, from sole traders to major corporations across all sectors – including advising on US and EU market competition and antitrust law, or anti-monopoly laws in international jurisdictions like Russia and China.
Intellectual property matters can also involve criminal law and prosecution – the Duncan Lewis criminal law department can advise on prosecution, as well as defending cases involving allegations of IP theft or trademark, copyright or patent infringements, including advising on criminal proceedings under the Proceeds of Crime Act (POCA).
For expert legal advice on commercial litigation and Intellectual Property Disputes, call Duncan Lewis Commercial Litigation Solicitors on 0333 772 0409.