John-Joe Massey

A manufacturing IP dispute will often involve allegations of IP infringement and breach of the parties' contractual arrangements. The issues may include the scope of a manufacturing licence, ownership of improvements, use of confidential processes, responsibility for a third-party claim or the ability to continue supplying customers while the dispute is resolved.This Practice Note provides practical guidance for advisers acting for right holders and manufacturers on how to avoid and manage such disputes. It is intended to be read alongside Practice Note: Manufacturing—IP protection and management, which explains the relevant rights, ownership and protection issues in greater detail.This Practice Note, therefore, summarises the underlying law only where necessary and links to right-specific content for further information where appropriate.How are IP rights relevant to manufacturing?A manufactured product or manufacturing process may involve several IP rights simultaneously. Advisers should identify the product, component, process or material concerned, the acts being carried out, the party carrying them out and the relevant territory.Product design, innovation and manufacturing processesIP infringement risks may arise from manufacturing

Manufacturing businesses and businesses working with manufacturers should consider and review intellectual property (IP) throughout the lifecycle of a product and its manufacturing process.IP rights may arise during research and development, product design, tooling, production, packaging, software development, distribution and after-sales support.This Practice Note provides practical guidance for advisers acting for right holders and manufacturers on identifying, protecting, owning, managing and exploiting IP in a manufacturing context. It does not provide an in-depth introduction to IP rights and assumes a working knowledge of IP.Manufacturing IP infringement and disputes are considered in Practice Note: Manufacturing—IP disputes.What IP rights may arise in the manufacturing sector?A manufactured product may involve several IP rights simultaneously. Advisers should identify where each right sits in the product or supply chain, who created it and who needs permission to use it.PatentsPatents may protect products, components, production equipment and manufacturing processes.Businesses should distinguish patentability from freedom to operate. In practice, an improvement may be patentable but still require permission from the holder of an earlier