It鈥檚 your responsibility to defend your intellectual property ( IP ) and to take action if someone鈥檚 used it without permission (known as 鈥榠nfringement鈥�). Examples of IP infringement include when someone: uses, sells or imports your patented product or process uses all or some of your work under copyright without your permission makes, offers or sells your registered design for commercial gain uses a trade mark that鈥檚 identical or similar to one you鈥檝e registered You can take the following steps. Get the other party to stop using your IP or come to an agreement with them , for example license your IP . Use mediation or another type of dispute resolution. Take legal action if you cannot resolve the dispute by other means. You may want to get help from an IP professional , such as a solicitor. The Intellectual Property Office (IPO) can also help. Report IP crime It can be a criminal offence to copy or use copyright material and registered trade marks and designs without permission. Report suspected IP crime to Trading Standards by contacting Citizens Advice . You can also report it anonymously through: Crimestoppers Action Fraud

An intellectual property ( IP ) professional can give you legal advice on a dispute, or act on your behalf. Find an IP professional through organisations including: The Chartered Institute of Patent Attorneys The Chartered Institute of Trade Mark Attorneys The Law Society (England and Wales) The Law Society of Scotland The Law Society of Northern Ireland Contact the Intellectual Property Office ( IPO ) You can contact IPO for: an opinion on whether your patent or supplementary protection certificate is being infringed - it costs 拢200 to start legal proceedings over some types of IP dispute (this does not include copyright infringement) general advice on IP Intellectual Property Office information@ipo.gov.uk Telephone: 0300 300 2000 Telephone: +44 (0) 1633 814000 if you鈥檙e outside the UK Monday to Friday, 9am to 5pm Find out about call charges Concept House Cardiff Road Newport South Wales NP10 8QQ

If someone is using your IP without your permission you can contact them and ask them to stop. You can be sued for making unjustified threats. You may want to seek legal advice before contacting the other party. Make a deal You can offer to make a deal with the other party, which is usually cheaper and quicker than going to court. Read the guidance on how to license, sell, mortgage and market your: copyright patent design trade mark You can also come to a coexistence agreement with someone who has a similar trade mark.

You can use a mediator if you cannot come to an agreement over an intellectual property ( IP ) dispute. Mediation can be used in most IP disputes. This includes disputes about: trade marks copyright designs patents Mediation is a way of resolving disputes without going to court. It鈥檚 cheaper and quicker than taking legal action and the outcome is usually beneficial to all parties. Mediators provide an independent view on a dispute. They cannot make a decision for you, but they can help to find a solution that both parties accept. Discussions with a mediator are confidential and cannot be used in court later if the dispute is not resolved. IPO mediation service The Intellectual Property Office ( IPO ) has its own mediation service. What you will pay for mediation depends on the type and length of mediation session. Read guidance on IPO 鈥檚 mediation service , including information on fees. IPO mediation service mediation@ipo.gov.uk Telephone: 0300 300 2000 Find out about call charges Other mediators you can use You can also use the: Civil Mediation Council (England and Wales) Scottish Mediation Network Northern Ireland Mediation

You can file legal proceedings either through the Intellectual Property Office ( IPO ) or through the courts. Some types of proceedings can only be filed through one or the other. For example, copyright infringement claims can only be filed through the courts. A court will expect you to have tried to resolve your dispute - possibly using mediation - before starting legal proceedings. You can pay an Intellectual Property Professional to help you. File through IPO Contact IPO for more information on filing through them. File through the courts in England and Wales The court you go to depends on the nature, complexity and value of your claim. Claims below 拢10,000 Use the Intellectual Property Enterprise Court ( IPEC ) small claims track if your claim is for less than 拢10,000 and for infringement of one of the following: copyright passing off trade marks breach of confidence unregistered design rights You do not need a lawyer to use the IPEC small claims track. Claims up to 拢500,000 You can take a case for any IP right to the Intellectual Property Enterprise Court ( IPEC ) if you do not wish to claim more than: 拢60,000 for legal costs 拢500,000 for damages If you鈥檙e claiming more than 拢500,000 in damages Use the Chancery Division of the High Court of England and Wales - there are no limits to legal costs or damages you can claim. File through the courts in Scotland Use the Court of Session if your claim is complex or valuable - there are no limits to legal costs or damages you can claim. File through the courts in Northern Ireland You can use the Chancery Division of the High Court of Northern Ireland if your claim is complex or valuable - there are no limits to legal costs or damages you can claim.

Defend your intellectual property : Overview

Defend your intellectual property

Overview

It鈥檚 your responsibility to defend your intellectual property (IP) and to take action if someone鈥檚 used it without permission (known as 鈥榠nfringement鈥�).

Examples of IP infringement include when someone:

uses, sells or imports your patented product or process
uses all or some of your work under copyright without your permission
makes, offers or sells your registered design for commercial gain
uses a trade mark that鈥檚 identical or similar to one you鈥檝e registered

You can take the following steps.

Get the other party to stop using your IP or come to an agreement with them, for example license your IP.
Use mediation or another type of dispute resolution.
Take legal action if you cannot resolve the dispute by other means.

You may want to get help from an IP professional, such as a solicitor. The Intellectual Property Office (IPO) can also help.

Report IP crime

It can be a criminal offence to copy or use copyright material and registered trade marks and designs without permission.

Report suspected IP crime to Trading Standards by contacting .

You can also report it anonymously through:

View a printable version of the whole guide

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Defend your intellectual property

Overview

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