We offer a range of options in order to resolve your IP dispute

The reality of IP ownership and exploitation is the possibility of disputes, whether that may be a person infringing or encroaching on your IP, or defending against such allegations. We seek to deal holistically with IP disputes, which can involve a range of different options and strategies to maximise your outcomes – e.g. from pre-action correspondence, alternative dispute resolution and litigation in the UK or other national courts, to declarations of invalidity or non-infringement, to cancellation, revocation, entitlement actions, oppositions and appeals at the UK or EU IP Offices or the European Patent Office. Maximising your outcomes means understanding the relevant bundle of IP rights, carefully considering the options available to achieve those outcomes, creation of a strategy and effective and cost-efficient implementation. Mewburn Ellis can help with all aspects of your IP disputes.MEET OUR DISPUTE RESOLUTION TEAM

Approaches to IP dispute resolution

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Patent & Trade Mark Oppositions & Appeals

We have advised hundreds of clients on their patent opposition and appeals and trade mark opposition and appeals strategies and have a deep understanding of this area. Not only do we have the technical expertise and knowledge of the subject matters under scrutiny, but also a forensic understanding of the evolving procedural aspects of the various processes involved. Our proven track record in successfully defending intellectual property rights for our clients and attacking third party rights that cause concern, means we are the firm of choice for some of the most opposed companies in the world.

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Intellectual Property Litigation

Sometimes a dispute cannot be resolved without issuing proceedings. We can help with all aspects of IP litigation in the UK, whether in our specialist IP & Enterprise Court or the High Court, from filing the claim to trial at first instance and beyond. We have experience of project managing international disputes in key jurisdictions, and a network of trusted IP firms to provide critical local legal advice and support. Around 65% of litigation in the UK doesn’t end in trial but settles. We can advise on all aspects of settlements, from tactics to drafting and negotiation, including providing an international dimension when needed.

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Pre-Action for IP Disputes

95% of IP disputes settle before a claim is filed. But a lot of work can be hidden behind the scenes to achieve an amicable outcome. We can advise on the IP relating to the dispute, the strength of the case, immediate tactics including correspondence with the other side and leveraging proceedings to achieve settlement as well as the wider strategy to maximise your outcomes in a dispute situation. Disputes are also often multi-jurisdictional and we have experience of project managing international disputes in key jurisdictions and a network of trusted IP firms to provide critical local legal advice and support.

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Alternative IP Dispute Resolution

In the UK there is a strong onus on alternative dispute resolution (ADR). We have experience of handling mediation from the initial approaches and tactics, preparing statements of case and making the necessary oral presentations, to the mediation itself and negotiating the settlements. Other forms of ADR are also available, including arbitration and expert determination.

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Design Invalidity Actions

We can help you use the EU and UK regimes for Unregistered Design Rights effectively where registered protection has not been obtained. Sometimes we may advise against filing for registration where products are short-lived or are made in so many variations that registered protection is not effective.  Unregistered rights often prove useful as part of a dispute situation.

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Trade Mark Passing Off

Where a party deliberately or unintentionally offers goods or services similar to yours and you dont have a registered trade mark, we can use the common law of passing off to establish a claim. Misrepresentation can damage your goodwill and cause both confusion and financial damage. Having a registered trade mark is always preferable but if you dont, we are experienced in successfully dealing with these scenarios. 

Why choose to work with our IP dispute resolution experts

Dispute resolution is a regular part of many of our attorneys’ daily work – our patent attorneys are vastly experienced in handling complex patent oppositions, whilst our trade mark attorneys are used to dealing with trade mark oppositions, cancellation proceedings and settlements. However, when contentious matters escalate and issues of infringement arise, our dispute resolution team steps in and can advise on how best to deal with suspected infringements of IP rights or accusations of infringement from third parties.  Our dispute resolution team includes patent, trade mark and design experts covering a wide range of technical backgrounds as well as solicitors specialising in IP.

Our aim is to resolve IP disputes as smoothly as possible with the best possible outcome for our client. When no resolution is possible, our dispute resolution team can handle all aspects of the litigation, including pre-action procedure, alternative dispute resolution (such as mediation), settlements, and the court proceedings themselves. Many of our attorneys have been involved in assisting external litigation teams and can provide specialist technical assistance in areas such as prior art searching and the preparation and analysis of expert witness statements.

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