Enforcement / Infringement advice

Businesses invest significant amounts in the design and appearance of their products, in order to capture the public’s interest and to make a product stand out in the marketplace. This naturally makes businesses protective of their products. One way to achieve that protection is to use unregistered and registered designs, which allow the rights holder to stop others making, importing or selling products with a sufficiently similar appearance.

If you are a design owner, in order to increase your return on investment, GJE can help you to leverage your IP. We will provide guidance on how to achieve your commercial aims in a cost-effective and intelligent way. Enforcement and exploitation of IP rights extend beyond just litigation. Depending on your business model, designs can be directly monetised via licensing or sale, or utilised to protect core revenue streams by blocking the import of look-alike products at customs or via online marketplaces.

Even if you simply wish a for a suspected infringer to cease their activities, accusations of infringement, made without due care and consideration, can leave you open to costly difficulties. To avoid this we can advise on how to any infringement claim is best approached and any weaknesses there may be. Indeed, getting this expert advice at an early stage of negotiations may avoid the expense of litigation altogether, as a carefully drafted warning letter often prevents escalation of a dispute.

On the other hand, if you receive a cease and desist letter or accusation of infringement yourself, GJE can review any allegation and advise on its strength and recommend how to respond to arrive at the best outcome possible.

When non-contentious routes of exploitation or infringement resolution are exhausted, we will provide strategic and tactical advice on designs in the UK, Europe and around the world. In the UK, we have experience of supporting litigation in the Chancery Division of the High Court and in the Intellectual Property Enterprise Court, including working with renowned IP counsel in a way that keeps costs under control. With support from our network of specialised overseas attorneys, including in the US, GJE will assist with the prosecution and defence of international design enforcement actions worldwide.

Whether you are a design rights holder concerned about third party activity or have been accused of infringing a third party’s rights, the potential for matters of enforcement and infringement to descend into lengthy and costly litigation proceedings should not be ignored. Getting the right advice at an early stage can help ensure you are in the best possible position to protect your interests and manage any dispute.

Get in touch

If you are an ambitious business and you expect an IP service provider that can understand and help you achieve your commercial objectives, then we want to work with you. Complete the enquiry form below and one of our specialists will be in touch within one working day. Alternatively you can call us on +44 (0)20 7655 8500. We look forward to hearing from you.