Intellectual property infringement occurs when unauthorised use, reproduction, distribution, or exploitation of your intellectual property rights takes place without the your permission.

Intellectual property can include trademarks, copyrights, patents, and designs. Infringement can involve copying copyrighted works, using similar trademarks, manufacturing and selling patented inventions, or reproducing protected designs. To establish an intellectual property infringement claim, it is essential to demonstrate that the infringing party has unlawfully used or exploited your protected intellectual property rights.

If you believe your intellectual property rights have been infringed then start by collecting evidence to support your claim, including proof of ownership of the intellectual property rights, examples of the infringing activities, and any correspondence or agreements related to your intellectual property.

You can then consider sending a cease and desist letter to the infringing business, demanding that they stop the infringing activities immediately. Clearly outline the intellectual property rights being infringed, provide evidence of the infringement, and specify the actions required to remedy the situation.

You should seek advice from legal experts, like us at Oracle Solicitors, who specialise in infringement claims. We assess the merits of your case, guide you through the legal process, and help you determine the appropriate course of action.

If your intellectual property rights have been infringed, several remedies may be available:

Injunctive Relief: You can seek an injunction from the court to stop the infringing activities immediately.

Damages: If you have suffered financial losses due to the infringement, you may be entitled to claim monetary compensation.

Account of Profits: In some cases, the court may order the infringing business to account for the profits made from the unauthorised use or exploitation of your intellectual property rights.

Delivery Up or Destruction: The court may order the infringing business to deliver up or destroy any infringing materials, products, or copies that have been unlawfully produced or used.