The following IP Q&A provides comprehensive and up to date legal information covering:
If starting infringement proceedings is not your day job, the following points may help reduce exposure to common pitfalls when litigation is contemplated:
Cover the following with your client: evidence that the IP right exists, is in force and subsisting, that the client is the proprietor or exclusive licensee, that the alleged act is an infringing act, whether an infringement has occurred and the damage to the IP right and loss to the client's business. Decide whether immediate action is required to restrain the infringing act (an injunction).
Obtain a sample of any infringing product being offered for sale, retain the invoice and any packaging, or make or gather records of any other appropriate orders or offers (eg in cases involving infringing services), and gather evidence of any physical and online advertising (including screenshots or photographs). Identify which infringers to pursue—including, as appropriate, any manufacturers, suppliers, importers, ex
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