If your business finds itself in a dispute over intellectual property, and direct contact has failed to solve the issue, seeking the help of a legal service provider should be your next step. Here is some basic guidance to inform your choice of legal expert.
Intellectual property (IP) typically refers to a unique product, concept, design or process that you have created. Intellectual property can have more than one owner and may even be owned by a business.
As the owner of a ‘work’ of intellectual property you have the right to protect your creation from anyone who may wish to copy you. As the creator of intellectual property you also have the right to be recognised for your work – whether it is a copyright, trademark or patent – and profit from the use of your intellectual property. Alternatively, you may wish to sell on those rights.
If your intellectual property or your business’s IP is infringed (copied or replicated by a third party) then you should consult a legal expert at the earliest opportunity. Intellectual property infringement is a serious issue that can affect your business’s ability to generate revenue.
In the case of an intellectual property dispute the first course of action is usually to begin mediation. If mediation cannot resolve an issue then you may wish to instruct your legal service provider to pursue court proceedings.
Mediation can help to resolve issues such as intellectual property disputes without resorting to court action. A professional mediator will liaise with both parties, trying to broker a quick and easy solution to the dispute. This may result in the retraction of a product or service and the payment of compensation.
Intellectual property infringement is a complex issue and requires the assistance of a specialist legal service provider. You may also wish to consider the location, reputation and cost of a firm before making your decision.
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Intellectual property disputes may be settled swiftly as a result of a cease and desist letter, or may involve a protracted court case. Different pricing structures may be offered by a legal service provider for cease and desist letters, mediation and court action. Typically mediation may be charged on an hourly rate or fixed fee with capped hours basis.
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Intellectual Property Disputes