Civil and criminal remedies for intellectual property infringement
Produced in partnership with Squire Patton Boggs
Civil and criminal remedies for intellectual property infringement

The following IP guidance note Produced in partnership with Squire Patton Boggs provides comprehensive and up to date legal information covering:

  • Civil and criminal remedies for intellectual property infringement
  • Legal nature of IP rights
  • Enforcement of IP rights
  • Remedies in private civil actions
  • The injunction
  • Costs
  • Damages or an account of profits
  • Delivery up or destruction
  • Tracing remedies
  • Pre-action disclosure
  • more

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.

This Practice Note provides an overview of the civil and criminal remedies which can potentially be deployed against those who infringe UK intellectual property (IP) rights. For more details on remedies in relation to specific IP rights, see the following Practice Notes:

  1. Patent infringement—remedies

  2. Remedies for trade mark infringement

  3. Trade mark infringement and interim injunctions

  4. Remedies for infringement of registered or unregistered design right

  5. Confidential information, privacy and injunctions

  6. Trade secrets and confidential information—protection and enforcement

  7. Anti-counterfeiting

  8. Interim injunctions

Legal nature of IP rights

The legal nature of IP rights determines what English law remedies are available for their infringement. With the exception of rights in confidential information, IP rights are a form of personal moveable property. They are often described as being 'incorporeal' as they cannot be seen or touched.

This legal classification is set out for patents in section 30(1) of the Patents Act 1977 (PA 1977), for trade marks in sections 22 and 24(1) of the Trade Marks Act 1994 (TMA 1994), for