Every out-of-court attempt for settling our dispute has failed. What can we do now?

You should keep in mind that the laws concerning the enforcement of IP are not the same in every country. Hence, since law harmonisation is not the case in IP enforcement, it is safer to try – at least at the first stage – to resolve any IP dispute out of court.  However, if all of the attempts to find an out-of-court solution fail, IP owners shall rely on court proceedings. The contribution of an IP lawyer is pivotal at this point.

We are a British SME and, although some of our IP rights have been infringed, we do not wish to get involved in a time consuming and costly litigation procedures. How can we enforce our rights alternatively?

In case you do not wish to get involved in long-term and costly litigation proceedings, a set of alternative measures is available for you.

What is an IP infringement?

In general terms, IP infringement is any breach of intellectual property rights.

IP rights are infringed when a work protected by IP laws is used, copied or otherwise exploited without having the proper permission from a person who owns those rights.

Examples of an IP infringement are “counterfeiting” and “piracy."

Counterfeiting is the practice of imitating genuine goods, often to inferior quality, with the intent to take advantage of the superior value of the imitated product.