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Intellectual Property Disputes

Where considerable time and money has been spent creating something unique – whether it is an invention, a piece of music, or an item of clothing – it is important that the creation is properly protected.

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Indeed, the law recognises the need to ensure that intellectual property (IP) is not unfairly impinged, and various IP rights have developed that afforded protection to both individuals and businesses, for example, patents, copyright and trade marks.

Even if a person or business has not proactively sought to protect their IP, for example by having registered a trade mark, they may still have protection, such as that afforded to certain unregistered designs.

However, just because protection exists, it does not automatically prevent the infringement of IP from taking place.

Common examples of intellectual property infringement we see at Richardson Lissack are:

  • The sale of goods without licencing from the IP holder
  • Copying of items of clothing
  • Duplication and unauthorised use of photographs, drawings, and artworks
  • The use by one business of a similar name to another business

If you consider that your IP has potentially been infringed, you should consider seeking legal advice at an early stage.  We are regularly instructed by clients to advise on the extent of their IP rights, whether their IP has been infringed and, if so, what action can be taken to prevent further infringement and to seek compensation for any losses suffered.

IP is an area of law where taking early action is particularly important as, in certain circumstances, it can be possible to apply to the court for an injunction preventing the alleged infringement pending a final hearing of the claim. The ability to seek injunctive relief can be of particular significance where there is a real risk that the continued infringement of IP will have a major and lasting impact on a business, that may not be adequately compensated by an award of damages.  A court may, however, refuse to grant an injunction where there has been undue delay in seeking the relief.

Prevention is better than a cure

How Richardson Lissack can help

Get in touch regarding an intellectual property dispute.

Richardson Lissack provides civil litigation services to our clients in response to a variety of intellectual property disputes.

Our lawyers are available to assist you and provide legal advice.

Contact London 020 3753 5352 or Manchester 0161 834 7284. Alternatively you can email info@richardsonlissack.co.uk

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