IP rights need to be defended and protected to retain their value. This Practice Note looks at how to enforce your IP rights. It explains the importance of and approaches to preventing, monitoring and collecting evidence of IP infringement before discussing ways to deal with an infringement of your IP rights.
For information about the protection of IP, see Practice Note: How to protect your IP. For more detailed information about IP disputes, see Practice Note: How to run an IP dispute.
What is IP infringement?
When IP rights are infringed, this is often simply referred to as IP infringement. IP infringement occurs when products, creations, or inventions which are protected by IP rights are exploited, copied or otherwise used without the permission or consent of the owner of those IP rights.
The infringement of an IP right is usually a civil matter but in certain cases it may also constitute a criminal offence. Criminal IP offences typically relate to dealings with fake branded (ie counterfeit) or pirated products. For more information, see Practice Notes: Trade mark offences
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