IP disputes

Copyright © 2026 LexisNexis

IP disputes may involve the typical IP rights such as patents, trade marks, rights to claim passing-off, copyright, design rights and confidential information/trade secrets.

For more information about the key IP rights, see Practice Note: IP right comparison table.

Particularly in the digital age, causes of action that arise out of ‘traditional’ IP rights may also be wrapped up with other legal issues such as defamation, data protection, and advertising and marketing regulation.

This topic contains guidance on strategic and practical steps for dealing with IP disputes, including ways of trying to avoid them in the first place.

Pre-action considerations

When considering starting infringement or invalidity proceedings, there are many strategic issues to take into account. The first step is often to draft an appropriate letter of claim or cease and desist letter. For more information, see Practice Note: How to draft a letter of claim in an IP dispute.

For examples, see Precedents:

  1. •

    Cease and desist letter—IP infringement

  2. •

    Letter of claim—patent infringement

  3. •

    Letter of claim—trade mark infringement

  4. •

    Letter of claim—passing off

  5. •

    Letter of claim—copyright infringement

  6. •

    Letter of claim—design right infringement

  7. •

    Letter

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest IP News

OpenAI and Microsoft accused of scraping local news sites

Law360: A group of local news publishers has sued OpenAI and Microsoft claiming their copyright-protected news content was improperly scraped from the...

IP weekly highlights—25 June 2026

This week's edition of IP weekly highlights includes a hand-picked summary of news analysis, updates and new content from the world of IP. These...

Service of patent revocation claims and state immunity arguments (Janssen-Cilag v The United States of America)

Dispute Resolution analysis: The High Court held that the United States had been validly served with Janssen-Cilag’s patent revocation claim because...

Trade mark licences—no registration, no damages (Lifestyle Equities v Frasers)

IP analysis: The Court of Appeal held that the ability to recover losses suffered by trade mark licensees under section 30(6) of the Trade Marks Act...

View IP by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Joint ownership of intellectual property rights

Joint ownership of intellectual property rightsWhen parties collaborate on creative projects or research and development, complex questions arise about the ownership of any resulting IP.Joint ownership of IP may seem like a straightforward and fair solution where parties have worked together and

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Joint ownership of intellectual property rights

Joint ownership of intellectual property rights

Joint ownership of intellectual property rightsWhen parties collaborate on creative projects or research and development, complex questions arise about the ownership of any resulting IP.Joint ownership of IP may seem like a straightforward and fair solution where parties have worked together and

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a