Protect your brand and reduce risk by preventing others from using your designs and ensuring you don’t infringe the design rights of others
Creating a striking product that captures the interest of the public and ensures you stand out in the marketplace, can be expensive. As a business, you naturally want to protect the products you’ve worked hard to develop.
One way to achieve that protection is by ensuring you have the correct design rights. We can help you secure unregistered and registered designs, which allow you as the design rights holder to stop others making, importing or selling products that look very similar.
Whether you are concerned about a third party infringing your design rights or have been accused of infringing someone else’s rights, then we can help you respond. When it comes to enforcement and infringement things can quickly descend into lengthy and costly litigation proceedings. Getting the right advice at an early stage will ensure you are in the best possible position to protect your interests and manage any dispute.
It’s important to know that the enforcement and exploitation of IP rights extend beyond just litigation. Depending on your business model, your designs can be monetised via licensing or sale, or used to protect your core revenue streams as design rights are used to block look-alike products at customs or via online marketplaces. We can help you consider the options that enable you to achieve your commercial aims in the most cost-effective way.
Accusations of design infringement can be difficult to navigate. Unless you approach the situation in the right way, you could leave yourself open to expensive litigation. Getting expert advice at an early stage of negotiations could help you avoid the expense of litigation altogether. A carefully drafted warning letter, delivered at the right time, can often prevent the escalation of a dispute. If you come to us, we can advise you on how to approach an infringement and of any weaknesses and risks there may be.
On the other hand, if you receive a cease and desist letter or are accused of registered design infringement, GJE can help. We’ll review your situation and recommend a response with your best interests in mind.
Once we have exhausted all non-contentious options to resolve the situation of design infringement, we can then provide strategic and tactical advice to help you and your business. Our experiences spans the globe. In the UK, we have supported litigation in the Chancery Division of the High Court and in the Intellectual Property Enterprise Court (IPEC), including working with renowned IP counsel. With support from our network of specialised overseas attorneys, including experts on US design patents, we are also experienced and in prosecuting and defending international design enforcement actions worldwide. All the time, we are mindful of your costs and work hard to ensure we work within your budget.