It is vital for businesses to think carefully about how to protect their intellectual property (IP) rights when they are creating and developing their brands and products. Protecting your IP can safeguard your brand and reputation, and can ensure that your competitors do not damage your goodwill and revenue streams by infringing your rights. Properly protected IP assets also have tangible, capital value of their own.
The number of IP disputes reaching the Courts is increasingwhich is partly driven by an increased awareness of the need to protect their IP. Competition in a global, digital marketplace is unprecedented so protecting your patents, trade marks, design rights (registered or unregistered) and copyright is now essential. Registering a trade mark (i.e. a trading name or logo) will give you protection and an actionable claim under section 10 of the Trade Mark Act 1994 if a third party uses a mark which is identical or similar to your registered trade mark or name in respect of similar goods or services. Similar protections and claims arise in respect of registered design rights (i.e. the shape or appearance of a product) under section 7 of the Registered Designs Act 1949, and unregistered design rights under section 213 of the Copyright, Designs and Patents Act 1988. Copyright claims can be actioned in respect of copying literary, dramatic, musical or artistic works, sound recordings and films under section 1 of the Copyright, Designs and Patents Act 1988. Infringement of patent rights (i.e. in relation to inventions) are actionable under section 60 of the Patents Act 1977.
However, even withthe benefit of registered and unregistered rights, you can find yourself in a dispute if a competitor either deliberately steal or unintentionally copy your IP, or where they seek to unlawfully promote their business by ‘passing off’ your goodwill and reputation as their own.
IP law is complex and constantly evolving given commercial and technological advancements. CANDEY understands the commercial need for businesses to protect their valuable brands and reputations, and the need to deliver quick and effective results. Urgent Court Injunctions can very effectively prevent competitors from destroying your brand and continuing to unlawfully use your IP, with claims for damages will compensate your business for lost revenue.
We have significant and long standing experience of successfully advising clients across a range of IP disputes and delivering settlements long before we get to trial.
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