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ARTICLE · 18 SEPTEMBER 2023

What To Do When Someone Is Infringing Your IP Right

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

J A Kemp is one of the largest European patent and trade mark attorney firms, with offices in...

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You may discover or suspect that someone is infringing one or more of your IP (intellectual property) rights. It could be a patent at the core of your business, a trade mark protecting your main brand or an important product design.

United StatesIntellectual Property
Tom Albertini
Tom Albertini
James Fish
James Fish
Martin Jackson
Martin Jackson
John Leeming
John Leeming
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DO NOT IMMEDIATELY CONTACT THE INFRINGER!

You may discover or suspect that someone is infringing one or more of your IP (intellectual property) rights. It could be a patent at the core of your business, a trade mark protecting your main brand or an important product design. When you become aware of the situation, you may be tempted to go straight into battle and take immediate action. Your first instinct may be to contact the infringer straight away and tell them to stop infringing.

You may think that by doing so you are drawing a useful line in the sand that limits the damage to your business and buys you time to plan your next move. But your action may have exactly the opposite effect – it may actually increase the risk to your business.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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