We advise on the infringement and validity of intellectual property rights and how best to handle actual or potential enforcement. The main aim is usually to avoid the courts and adopting sensible strategies at the outset helps to achieve this. When litigation is unavoidable, our role is to integrate with a team of specialist legal advisors appropriate to the forum and subject matter of the case.
| If you require information about design rights in general, please download our Introduction to Intellectual Property Enforcement. |  |
| If you are an intellectual property attorney based outside Europe, please consult our note on Intellectual Property Enforcement in the UK and Europe. | |
Management
We conduct watching services and competitor analysis to identify when competitors may infringe our clients' intellectual property rights. When infringement is suspected, we advise on the strength of our clients' case, ensure that prosecution strategies are adapted and that all appropriate action is taken to optimise our clients' position. Where enforcement is required, we assist with the initiation of appropriate enforcement measures, as well as subsequent negotiations and ultimately litigation.
We also conduct freedom to operate searches to identify intellectual property rights that may be infringed by proposed commercial activities. If any such infringement risks are identified, we advise on how the risks can best be reduced. We can assess ways in which a patent may be worked around, whether coexistence of trademarks may be possible and how a design may be altered to avoid infringement. We can also identify weaknesses in third party rights and deal with revocation action where needed.
Proceedings before Intellectual Property Offices
We have rights of audience before the European Patent Office and United Kingdom Intellectual Property Office.
We have a strong record of success in opposition proceedings before the European Patent Office. Whether acting on behalf of an opponent or the patent proprietor, we can advise on the merits of an opposition at the outset, giving a good indication of the likelihood of success.
We also have expertise in conducting oppositions, infringement and revocation proceedings before the United Kingdom Intellectual Property Office.
Elsewhere, we act with local attorneys to manage proceedings, adopting a coordinated approach in the required jurisdictions.
Litigation
It is rarely in our clients' interests to resort to litigation to resolve intellectual property disputes and we can work with our clients to help broker commercially acceptable agreements.
When litigation is required, we integrate with legal teams appropriate to the jurisdiction. We can assist with preparatory work and help with management of the litigation process. We have particular expertise in assisting with the management of US based litigation on behalf of clients based in Europe.
