Defend your intellectual property
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1. 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.
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Get the other party to stop using your IP or come to an agreement with them, for example license your IP.
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Use mediation or another type of dispute resolution.
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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:
2. Get help and advice
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:
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
[email protected]
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
3. Come to an agreement
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:
You can also come to a coexistence agreement with someone who has a similar trade mark.
4. Use a mediator
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
[email protected]
Telephone: 0300 300 2000
Find out about call charges
Other mediators you can use
You can also use the:
5. Take legal action
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 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 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 - there are no limits to legal costs or damages you can claim.
File through the courts in Scotland
Use the 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.