Whether you believe another party is infringing on your IP, or you have been accused of taking theirs, click here to learn more about dealing with IP disputes.
Dealing with Intellectual Property Disputes
Your intellectual property represents an integral part of your business; patents, copyrights, and trade secrets all belong to you as much as your company’s equipment, data, and finances, and they are often vitally important to the continued success and growth of the business.
For this reason, it can be incredibly frustrating and stressful when you feel that your intellectual property (IP) assets have been infringed upon, and used without your consent – or when you are being unfairly accused of infringing on the work of others. It is with this foresight that many companies choose to hire legal help from expert law firms (whose expertise differs as laws differ) like Legal Inz right at the beginning.
This can help you put down in legally binding terms all of your company’s intellectual property and also have authorized copyright documents fashioned for them. This if often done at company formation time, or when a new product/service is launched. But, despite it all, there are chances of theft or false accusations.
Just as you would be able to take action against someone who has stolen valuable data from your network, there are a number of steps you can take to ensure that your intellectual property is returned to you – and you alone. Read more below.
Begin by Identifying Your Intellectual Property
You know what belongs to you, and taking the time to carefully identify all examples of your intellectual property can feel frustrating and time-consuming, but it is important to ensure that your documentation is in order before you begin to take action against someone else.
The government offers a free IP Health Check which will help you to understand and identify your intellectual property.
Try to Find a Simple Solution
To identify potential infringements on your intellectual property, one approach could be to take advantage of Cloudflare’s Trusted Reporter Program (or similar alternatives) as these initiatives can help detect infringing content in real-time, providing prompt alerts for any potential issues.
In the best-case scenarios, reaching out to individuals who have infringed upon your intellectual property may be sufficient to halt their actions. Many individuals hope to escape notice and may cease their activities once confronted, recognizing their lack of legal standing in court should the matter progress to that stage. Open communication and asserting your rights can be effective in resolving such issues amicably.
Alternatively, you may wish to come to a Coexistence Agreement, whereby two parties agree to share intellectual property between them.
Remember that unjust threats can bring their legal troubles; if you threaten legal action without sufficient justification, the other party will be within their rights to sue you.
If you are still unsure about your rights, get in touch with a legal professional like Beacon Legal’s Director Alex Gotch before taking any legal actions. Such experts can assist you with lawyers specializing in IP rights and guide the best course of action for your situation.
Enlist the Help of a Mediator
Mediation presents the option to settle disputes over IP ownership without you needing to take the case to court. Mediators provide objective and confidential support to both parties as they attempt to reach an agreement that benefits both parties, as well as helps to keep the discussion productive and civil. While they cannot reach a decision on your behalf, they can help you to avoid the added time and expense that will come from taking legal action.
Finally, Seek Legal Help
While it may be a last resort, taking legal action will ensure that you are following the most effective strategy possible – one that guarantees you a fair and satisfying outcome for you and your business.
Choose a law firm with plenty of experience in matters relating to intellectual property disputes, and keep in mind that it is always better to work with a law firm local to your area; if you are based in Gloucestershire, for instance, then it’s better to focus your search on Cheltenham law firms, rather than signing up with someone further away.
