Intellectual property infringement isn’t a minor nuisance — it’s a direct threat to your business. In the UK, it’s your responsibility to protect your IP. If someone’s using it without permission, act. Here’s how.
Identify the Infringement
Before you take action, ensure you know exactly what constitutes infringement. It covers more than you might expect:
- Selling or importing your patented product or process.
- Using your copyrighted work without consent.
- Copying or trading in your registered design.
- Using a trade mark that is identical or confusingly similar to yours.
If any of these apply, you’re not overreacting — you’re facing a breach.
Step 1: Contact the Infringer – With Care
Unstructured communication can weaken your position. Seek legal advice before initiating contact.
Unjustified legal threats can backfire and put you on the defensive. Always seek legal advice before contacting the other party. Your goal is straightforward: stop the infringement or secure a commercially sensible deal — such as licensing your IP. Approach it strategically, not emotionally.
Step 2: Consider Commercial Alternatives First
Litigation is not always the optimal route. A commercially structured outcome often delivers better long-term protection.
Often, a pragmatic deal — licensing, selling, or agreeing to coexist — can protect your business interests while saving time and money. Particularly in trade mark disputes, compromise might feel unpalatable, but it can deliver significant commercial value.
Step 3: Mediation — Keep It Private, Keep It Moving
If negotiations stall, mediation is your next logical step. It’s confidential, faster than court, and considerably more cost-effective.
A mediator won’t make the decision for you but will facilitate a resolution both sides can accept. The UK Intellectual Property Office (IPO) even offers its own mediation service. It’s a commercial no-brainer before escalating to legal proceedings.
Step 4: Take Legal Action – When Necessary
If the infringer won’t engage, escalate.
Where you file depends on the claim’s value and type:
- Claims under £10,000
Use the IPEC Small Claims Track — suitable for copyright, trade marks, unregistered designs, passing off, and breach of confidence. - Up to £500,000
Use the Intellectual Property Enterprise Court (IPEC) — faster process, capped costs, and specialist judges.. - Over £500,000
Proceed to the Chancery Division of the High Court — no caps on damages or costs, but prepare for a heavyweight legal battle.
Courts expect you to have attempted mediation first. Skipping it could weaken your position.
Report IP Crime
If the infringement crosses into criminal territory — counterfeiting, for instance — report it immediately:
- Trading Standards via Citizens Advice.
- Crimestoppers (anonymous reporting).
- Action Fraud.
Prolonged inaction increases exposure. Businesses that move early preserve control.
Get The Right Legal Support
Unless you’re an IP law expert, instruct one — quickly. The right solicitor or IP professional won’t just file claims; they’ll help you protect your commercial interests and avoid costly mistakes.
Start with:
- The Chartered Institute of Patent Attorneys.
- The Chartered Institute of Trade Mark Attorneys.
- The Law Society.
Final Words
IP infringement is not a situation to tolerate or delay. Every day you wait risks revenue, control, and reputation.
Know your options. Move decisively.
And when in doubt, get the right legal advice — Before you forfeit leverage, secure strategic legal support.