Intellectual Property Disputes
Intellectual property is a business asset and therefore protecting your intellectual property rights can be crucial to the success of your business.
Protection can take many forms, from registration of trade marks or patents to ensuring that the appropriate confidentiality or intellectual property clause is incorporated into your terms of business and employees’ contracts of employment.
Tollers Dispute Resolution Team advise clients on the following:
Trade Mark Infringement Claims
Trade marks are protected by registration and essentially are a sign or symbol which a business uses to distinguish its goods or services from another business. Trade marks can take many forms, for example a company logo, brand name or house mark.
Passing off is designed to enable a business to stop another business from trying to rip off the trading reputation of that business. By way of example, actions in passing off concern the use by an infringing company of the name of a product, or by selling goods in a similar packaging to the company seeking to enforce their intellectual property rights.
Copyright is essentially a right to prevent copying. There are two main types of infringement (primary and secondary infringement).
Primary infringement covers many things such as copying a copyright work, performing or playing copyright work in public.
When it comes to dealing with secondary infringement, you have to consider not only the relevant infringing act, but also the knowledge or belief with which the act was carried out. By way of example, importing an article which is an infringing copy into the UK other than for the importer’s own private and domestic use will constitute secondary infringement if it is shown that the infringing party had knowledge or reason to believe that the article was an infringing article.
The law of confidence is essentially the main form of protection for commercially sensitive information which cannot otherwise be protected by the other intellectual property rights referenced above.
Talk to Tollers
Tollers has experience of dealing with the above mentioned intellectual property claims and advising clients on the remedies which may be available. Should you require further information or assistance then please contact us on 01604 258558 or complete the contact form below.