If your business finds itself in a dispute relating to design or copyright, and direct contact has not resolved 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.
IP disputes occur when another business or individual is found to have infringed on your design or copyright. It is your responsibility to police and monitor the elements of your product that you have protected.
If an individual or rival company infringes on your intellectual property rights, you should seek legal action immediately. The first step is to demand that the other party ceases and desists, followed by mediation and the pursuit of a satisfactory settlement for any infringement. Where a settlement cannot be reached, however, court action may be necessary.
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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Design and copyright disputes may be settled swiftly as a result of a cease and desist letter, or may involve a protracted court case. For this reason, legal service providers typically charge on an hourly rate or fixed fee with capped hours basis.
Protecting IP rights is significantly more straightforward for those businesses or individuals who have registered their ‘works’ by filing a patent or registering a trade mark. If you have developed a product or device autonomously then you own the intellectual property – including the design rights and the copyright.
If, however, you developed the product whilst in employment, under the instructions of the company and for their usage, then your employer will typically hold the design rights and copyright.
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Design & Copyright Disputes