Your intellectual property (IP) is likely to be one of the most valuable assets of your business.
Whether you are bringing or defending an intellectual property claim, our solicitors can support you to protect your business rights and resolve the dispute as quickly and efficiently as possible.
We always aim to resolve disputes out of court using Alternative Dispute Resolution methods to minimise the effects on your business.
However, where this is impossible, we have the expertise to represent you in Court and recover any damages to your finances or reputation.
At Preston Redman, we regularly work with clients from Bournemouth, Poole, across Dorset and beyond.
Our team will be happy to advise you over the phone, via email, videoconferencing, and in person at your convenience.
To speak to one of our highly experienced intellectual property disputes lawyers please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
How our intellectual property dispute solicitors can help you
Our IP dispute lawyers can assist with matters such as:
- Supporting businesses whose rights have been infringed
- Defending claims of intellectual property infringement
- Using Alternative Dispute Resolution methods to resolve intellectual property disputes
Supporting businesses whose rights have been infringed
Intellectual property broadly covers four main assets in business – trademarks, copyrights, designs and patents.
These forms of intellectual property are among the most valuable assets in any business.
They define your business and its products or services and help you stand out in a competitive market.
If your intellectual property rights are infringed, your company could incur significant financial and reputational costs.
If you believe your intellectual property rights have been infringed, it is important to seek legal advice at the earliest opportunity.
A specialist IP dispute solicitor can assess whether your rights have been infringed and if you have a claim, as well as evaluate the damages caused to your business as a result.
If you do have a claim, we can help you recover damages to your business and, most importantly, prevent further infringement and disputes.
There are a number of options available to do this, and we will provide tailored advice that is specific to your case. Some of these options include:
- An injunction to prevent further infringement.
- An order that the infringing goods/materials be delivered up or destroyed.
- An order for damages (financial compensation) and the payment of legal costs.
Our specialist IP dispute resolution lawyers will communicate with the other party on your behalf to reach a fair outcome.
We have the necessary expertise to take Court action when an outcome cannot be voluntarily agreed.
Defending claims of intellectual property infringement
If you have been accused of infringing the intellectual property rights of another business, whether this is a trademark, copyright, design, or patent, you may understandably be concerned about the repercussions for your business. Thus, it is key to resolve the dispute as quickly as possible.
If you are in this position, it is important to seek legal advice as soon as possible. It is crucial to respond to intellectual property dispute cases in a timely and appropriate manner.
A specialist intellectual property solicitor can review the validity of the claims and put together the most appropriate response. For example, it may be that the other party is attempting to enforce rights they do not hold.
We will consider:
- Whether the other party holds the rights that they are attempting to enforce.
- Whether the actions did constitute an infringement of their intellectual property rights.
- Whether there is a valid defence to the infringement.
If the other party does have a valid claim, we can work on your behalf to resolve the matter as quickly and efficiently as possible, with fair terms that minimise any disruption to your business.
Where possible, we always aim to resolve disputes out of Court and will always advocate for your best interests.
Using Alternative Dispute Resolution methods to resolve intellectual property disputes
Whether you are bringing or defending an intellectual property claim, we will always work hard to resolve the dispute out of Court where possible.
This ensures the matter is resolved quickly and efficiently, with minimal cost to your business.
We do this using Alternative Dispute Resolution methods such as mediation, negotiation, arbitration and expert determination.
Mediation
Mediation is one of the most common Alternative Dispute Resolution methods that aims to resolve disputes without resorting to Court proceedings.
A neutral third party, known as a mediator, facilitates discussions between the disputing parties to help you communicate effectively and reach a mutually satisfactory agreement.
Mediation is typically more cost-effective and faster than Court proceedings. If it is in your business interests to use mediation, it can also help maintain your working relationships with third parties.
Negotiation
Negotiation is an Alternative Dispute Resolution method where parties attempt to resolve disputes directly or through their solicitors.
Both sides engage in discussions with the aim of reaching a mutually agreeable outcome.
If an agreement is reached, you may formalise it in a legally binding document. This can help prevent future disputes.
Arbitration
Arbitration is an intellectual property dispute resolution method where both parties submit their dispute to one or more independent arbitrators, who will make a binding decision.
Unlike Court proceedings, arbitration enables the parties to select arbitrators with expertise relevant to their dispute.
The arbitrator's decision, called an award, is typically final and enforceable, with limited grounds for appeal.
Expert determination
Expert determination is a process used to resolve intellectual property rights disputes by appointing an independent expert with specialist knowledge in the relevant field.
The expert reviews the evidence and arguments presented by both parties and will make a recommendation or binding decision on the matter.
This method is often quicker, more confidential, and less formal than Court proceedings, making it an attractive option for resolving complex IP issues efficiently.
Our intellectual property dispute fees
We have a fair pricing policy, which means that you will know the cost of our legal services from the onset of the case.
We will provide a clear estimate before we begin, enabling you to see a breakdown of the work we will undertake and the associated charges. If additional work is required, we will always let you know in advance so there are no unexpected costs.
Our partners are always happy to discuss fees with our clients on an individual basis.
Get in touch with our intellectual property dispute solicitors in Bournemouth
To speak to one of our friendly, highly experienced intellectual property dispute lawyers in Bournemouth please contact our office on 01202 292 424, or fill out our online enquiry form for a quick response.
