SERVICES
IP Disputes
IP Disputes
IP disputes can involve ownership, unauthorised use or a breakdown in a licensing arrangement. We help you assess the position, understand your options and work towards a practical resolution, with litigation considered only where necessary.
Common types of IP disputes
IP disputes can arise in many ways. Common issues include:
disputes about who owns IP created by employees, contractors or business partners
unauthorised use of trade marks, copyright, designs or other IP
allegations that your business has infringed someone else’s IP
disputes over licensing arrangements
disagreements about the scope or use of licensed IP
disputes arising when a business, brand or other IP is bought or sold
claims involving confidential information or misuse of commercially sensitive material
disagreements about ownership or use of IP following the end of a business relationship
The first step is understanding exactly what rights exist, who owns them and what has actually happened.
If someone is using your IP
If you believe someone is using your IP without permission, we’ll assess the circumstances and the rights you may have.
That can include reviewing your ownership documents, registrations, agreements and evidence of the other party’s use. We’ll then explain your options, which may include contacting the other party, negotiating a resolution or taking more formal action.
The right response depends on the strength of your position, the commercial importance of the IP and what you want to achieve.
If you’ve been accused of infringement
Receiving an IP infringement claim doesn't necessarily mean the other party is right.
We’ll review the claim against your actual use, the relevant IP rights and any agreements or other documents that affect your position. We’ll explain the strength of the claim, the risks involved and the options available to you.
Where appropriate, we can help you respond, negotiate with the other party or prepare for formal proceedings.
Our approach to resolution
Where appropriate, we’ll look for ways to resolve the dispute without formal proceedings. That may involve negotiation, correspondence, settlement discussions or another form of dispute resolution.
If a negotiated outcome isn't possible, we'll explain what further action may involve, including the likely costs, risks and procedural steps.
Our role is to help you make an informed decision about how far the dispute should go.
Protecting your position
Whether you’re asserting your rights or defending against a claim, getting advice early can help you understand the issues before the dispute escalates.
We’ll help you identify the immediate priorities, preserve relevant evidence, understand the risks and decide what to do next.
What we look at
The right approach depends on the facts of the dispute. We may need to consider:
who owns the relevant IP
whether the IP is registered
the scope of the relevant IP rights
how the IP is actually being used
the terms of any relevant agreement
what evidence is available
whether the other party has permission to use the IP
the commercial importance of the dispute
the likely cost and risk of taking further action
We’ll explain what those issues mean for your position before recommending a course of action.
Common types of IP disputes
IP disputes can arise in many ways. Common issues include:
disputes about who owns IP created by employees, contractors or business partners
unauthorised use of trade marks, copyright, designs or other IP
allegations that your business has infringed someone else’s IP
disputes over licensing arrangements
disagreements about the scope or use of licensed IP
disputes arising when a business, brand or other IP is bought or sold
claims involving confidential information or misuse of commercially sensitive material
disagreements about ownership or use of IP following the end of a business relationship
The first step is understanding exactly what rights exist, who owns them and what has actually happened.
If someone is using your IP
If you believe someone is using your IP without permission, we’ll assess the circumstances and the rights you may have.
That can include reviewing your ownership documents, registrations, agreements and evidence of the other party’s use. We’ll then explain your options, which may include contacting the other party, negotiating a resolution or taking more formal action.
The right response depends on the strength of your position, the commercial importance of the IP and what you want to achieve.
If you’ve been accused of infringement
Receiving an IP infringement claim doesn't necessarily mean the other party is right.
We’ll review the claim against your actual use, the relevant IP rights and any agreements or other documents that affect your position. We’ll explain the strength of the claim, the risks involved and the options available to you.
Where appropriate, we can help you respond, negotiate with the other party or prepare for formal proceedings.
Our approach to resolution
Where appropriate, we’ll look for ways to resolve the dispute without formal proceedings. That may involve negotiation, correspondence, settlement discussions or another form of dispute resolution.
If a negotiated outcome isn't possible, we'll explain what further action may involve, including the likely costs, risks and procedural steps.
Our role is to help you make an informed decision about how far the dispute should go.
Protecting your position
Whether you’re asserting your rights or defending against a claim, getting advice early can help you understand the issues before the dispute escalates.
We’ll help you identify the immediate priorities, preserve relevant evidence, understand the risks and decide what to do next.
What we look at
The right approach depends on the facts of the dispute. We may need to consider:
who owns the relevant IP
whether the IP is registered
the scope of the relevant IP rights
how the IP is actually being used
the terms of any relevant agreement
what evidence is available
whether the other party has permission to use the IP
the commercial importance of the dispute
the likely cost and risk of taking further action
We’ll explain what those issues mean for your position before recommending a course of action.
FAQ
Common questions
Who owns IP created by a contractor?
What should I do if someone copies my work?
Can an IP dispute be resolved without going to court?
What happens if someone accuses my business of IP infringement?
How much does resolving an IP dispute cost?
Facing an IP dispute?
Tell us what’s happened and we’ll help you assess your position and work towards a practical resolution.