Intellectual property may be the most valuable asset your
business possesses. It is therefore wise to be on guard against
infringers who seek to dilute or steal that intellectual property.
However, before firing a shot at infringers, it is important to put
your own ducks precisely in a row.
Identifying ownership
Before issuing a letter of demand on infringers, you need to
ensure that you have the necessary standing in terms of ownership
or exclusive licence of the relevant IP. Where the IP is
registered, it is usually clear who the owner is. However, for
unregistered IP, such as copyright, it is not always obvious who
owns the copyright. For example, if you commission a consultant to
provide you with software, photographs or websites, the copyright
in those works generally vests in the consultant. It would
therefore be necessary to have that copyright assigned to you in
writing before you can accuse others of infringing the copyright.
Even if you or your employees
