Disputes about intellectual property

If someone is using your without permission (or you are using someone else's without their permission) disputes are likely to arise. Sometimes these can be sorted out amicably, but in other cases more formal actions are taken (such as ). You will need to consider various options, and possibly involve lawyers, when resolving a dispute and this section will help you to do so. This section also explains how to resolve small disputes in the within the .

Receiving a cease and desist letter, a claim form, or an injunction application in an intellectual property dispute

  1. 1.What is a cease and desist letter in an intellectual property dispute?
  2. 2.How should I respond to a cease and desist letter?
  3. 3.What should my response to a cease and desist letter say if I know I am not infringing the sender's intellectual property?
  4. 4.What should I do if I accept that I am breaching someone's intellectual property and they have sent me a cease and desist letter?
  5. 5.What should I do if I receive a cease and desist letter and I am not sure whether I am breaching the sender's intellectual property?
  6. 6.Can I sue someone who has sent me a cease and desist letter?
  7. 7.What is a claim form in an intellectual property dispute?
  8. 8.What should I do if I receive a claim form alleging that I have infringed someone's intellectual property rights?
  9. 9.What is an injunction in an intellectual property dispute?
  10. 10.What does an injunction application to stop me using someone else's intellectual property look like?
  11. 11.What should I do if I receive an interim injunction application to stop me using someone else's intellectual property?

Finding a lawyer and going to court for an intellectual property dispute

  1. 12.Will I always need a lawyer for an intellectual property dispute?
  2. 13. How can I find a lawyer for an intellectual property dispute?
  3. 14.How much will it cost me to defend an intellectual property claim or injunction application?
  4. 15.How can I reduce the costs of defending an intellectual property claim or injunction application?
  5. 16.Can I avoid going to court to settle my intellectual property dispute?
  6. 17.Can the court order me to pay if it decides that I have infringed someone else's intellectual property rights?
  7. 18.Can the court order me to stop if it decides that I have infringed someone else's intellectual property rights?
  8. 19. Is infringing someone else's intellectual property rights a criminal offence?

Options for dealing with infringements to your intellectual property

  1. 20.What should I do if someone is infringing my intellectual property?
  2. 21.How do I write a letter to someone who might be infringing my intellectual property?
  3. 22.What should a cease and desist letter to someone who might be infringing my intellectual property contain?
  4. 23.What should I do if a person stops infringing my intellectual property after I have sent them a cease and desist letter?
  5. 24.What can I do if someone is selling things on an online marketplace which infringe my intellectual property?
  6. 25.When should I consider mediation in an intellectual property infringement dispute?
  7. 26.How can I use mediation in an intellectual property infringement dispute?
  8. 27.When should I agree with a competitor that they can make my products under a licence?
  9. 28.When should I consider entering into a coexistence agreement with a competitor?
  10. 29.How do I take legal action against someone infringing my intellectual property?
  11. 30.When should I alert public authorities about an intellectual property infringement?
  12. 31.Which intellectual property infringements are also criminal offences?

What you need to think about before starting a small claim in the Intellectual Property Enterprise Court

  1. 32.Can I start any type of small claim in the Intellectual Property Enterprise Court?
  2. 33.What type of intellectual property claims can I start in the Intellectual Property Enterprise Court small claims track?
  3. 34.Can I start claims of any value in the Intellectual Property Enterprise Court small claims track?
  4. 35.Can I start a claim in the Intellectual Property Enterprise Court small claims track regardless of the remedy I want?
  5. 36.Can the person I am claiming against object to the case being in the Intellectual Property Enterprise Court small claims track?
  6. 37.Is the Intellectual Property Enterprise Court small claims track suitable for complex cases?
  7. 38.How much will it cost to start a claim in the Intellectual Property Enterprise Court small claims track?
  8. 39.How much will the initial fee to start a claim in the Intellectual Property Enterprise Court small claims track be?
  9. 40.How much will the hearing fee for a claim in the Intellectual Property Enterprise Court small claims track be?
  10. 41.What costs can I get back if my Intellectual Property Enterprise Court small claim is successful?
  11. 42.How long will it take to receive a decision from the Intellectual Property Enterprise Court small claims track?
  12. 43.What remedies can I obtain in the Intellectual Property Enterprise Court small claims track?
  13. 44.Do I need legal representation for the Intellectual Property Enterprise Court small claims track?
  14. 45.Are there any alternatives to using the Intellectual Property Enterprise Court small claims track to resolve my dispute?

Starting a small claim in the Intellectual Property Enterprise Court

  1. 46.What should I do before starting a small claim in the Intellectual Property Enterprise Court?
  2. 47.How do I start a small claim in the Intellectual Property Enterprise Court?
  3. 48.How do I complete a claim form to start a small claim in the Intellectual Property Enterprise Court?
  4. 49.What do I need to state in my particulars of claim for a copyright infringement small claim?
  5. 50.What do I need to state in my particulars of claim for an unregistered design infringement small claim?
  6. 51.What do I need to state in my particulars of claim for a small claim of passing off?
  7. 52.What do I need to state in my particulars of claim for a breach of confidential information?
  8. 53.What do I need to state in my particulars of claim for an infringement of a registered trade mark?
  9. 54.What do I do with my completed claim form to start a small claim in the Intellectual Property Enterprise Court?
  10. 55. Who gives the claim form to the defendant in a small claim in the Intellectual Property Enterprise Court?
  11. 56.When do I have to give the defendant the claim form in a small claim in the Intellectual Property Enterprise Court?
  12. 57.Can I extend the deadline by which I have to give the defendant the claim form in a small claim in the Intellectual Property Enterprise Court?
  13. 58.How can I send the claim form to the defendant in a small claim in the Intellectual Property Enterprise Court?
  14. 59. Can I send my particulars of claim to the defendant separately from the claim form?
  15. 60.What should I do after I have sent the defendant the particulars of claim?
  16. 61.What happens after I start my small claim in the Intellectual Property Enterprise Court?
  17. 62.What happens if the defendant admits the small claim?
  18. 63.What happens if the defendant defends the small claim?
  19. 64.What happens if the defendant defends part and admits part of the small claim?
  20. 65.What happens if the defendant ignores my Intellectual Property Enterprise Court claim form?
  21. 66.How can I apply for a judgment in default if the defendant has ignored my Intellectual Property Enterprise Court claim form?

Receiving a claim form from the Intellectual Property Enterprise Court small claims track

  1. 67.What should I do if I receive a claim form from the Intellectual Property Enterprise Court small claims track?
  2. 68.How do I admit an Intellectual Property Enterprise Court small claim against my business?
  3. 69.How do I admit part of and defend part of an Intellectual Property Enterprise Court small claim against my business?
  4. 70.How do I defend an Intellectual Property Enterprise Court small claim against my business?
  5. 71.What is the deadline for defending an Intellectual Property Enterprise Court small claim against my business?
  6. 72.What should my defence to an Intellectual Property Enterprise small claim against my business contain?
  7. 73.How do I ask for more time to prepare my defence to an Intellectual Property Court small claim against my business?

Going to a small claim hearing at the Intellectual Property Enterprise Court

  1. 74.How and when will a court hearing be arranged for a small claim at the Intellectual Property Enterprise Court?
  2. 75.Can a claim in the Intellectual Property Enterprise Court small claims track be dealt with without a hearing?
  3. 76.What evidence can I rely on in a small claim at the Intellectual Property Enterprise Court?
  4. 77.Where will my small claim case at the Intellectual Property Enterprise Court be heard?
  5. 78.Will my small claim case at the Intellectual Property Enterprise Court be heard in private?
  6. 79.Can I settle a small claim at the Intellectual Property Enterprise Court instead of attending a hearing?
  7. 80.How can I settle a small claim at the Intellectual Property Enterprise Court?
  8. 81.How do I prepare for a small claim hearing at the Intellectual Property Enterprise Court?
  9. 82.Do I have to attend the hearing for a small claim at the Intellectual Property Enterprise Court?
  10. 83.What happens at a small claim hearing at the Intellectual Property Enterprise Court?
  11. 84.How are decisions on small claims at the Intellectual Property Enterprise Court given?

After a small claim hearing in the Intellectual Property Enterprise Court

  1. 85.Can I appeal a decision of the Intellectual Property Enterprise Court small claims track?
  2. 86.If I am successful in my small claim at the Intellectual Property Enterprise Court, how can I enforce the judgment against the defendant?
  3. 87.How do I enforce a money judgment from the Intellectual Property Enterprise Court against the defendant?
  4. 88.How do I take control of goods to enforce a money judgment from the Intellectual Property Enterprise Court against the defendant?
  5. 89.How do I obtain a charging order to enforce a money judgment from the Intellectual Property Enterprise Court against the defendant?
  6. 90.How do I apply for a third party debt order to enforce a money judgment from the Intellectual Property Enterprise Court against the defendant?
  7. 91.How can I make a statutory demand to enforce a money judgment from the Intellectual Property Enterprise Court against the defendant?
  8. 92.How do I apply for goods to be sequestered to enforce a money judgment from the Intellectual Property Enterprise Court against the defendant?
  9. 93.How do I enforce a non-money judgment from the Intellectual Property Enterprise Court against the defendant?
  10. 94.How can I recover the goods to enforce a non-money judgment from the Intellectual Property Enterprise Court against the defendant?
  11. 95.How can I apply for the goods to be sequestered to enforce a non-money judgment from the Intellectual Property Enterprise Court against the defendant?

Step-by-step guide to form SD1

This step-by-step guide to form SD1 helps you through the process of filling in the official statutory demand form SD1. It is the form to use if you are owed £750 or more by a company. Completing the SD1 statutory demand form is the first step towards winding up the company that owes you money. It is the right form to use if the debt in question is owed by a company and is payable immediately or already overdue. Statutory demands can be very useful to show that you are serious about collecting the money that you are owed, and that you are prepared to escalate the situation if you have to. Once you have filled in your SD1 form, do not just post it. There are specific rules you must follow to make sure that the recipient gets it, and that you can prove they got it, even if they deny receipt which is fairly common. See Dealing with late payments without going to court for how to send your completed statutory demand to a company. If you have a court order for the amount you are owed, you need Form SD4 . You can also purchase this guide as part of the Debt collection toolkit .
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Step-by-step guide to form SD4

This step-by-step guide to form SD4 makes completing the SD4 statutory demand form as simple as possible. Form SD4 is the right form for you if you have an unpaid court order for £5,000 or more against an individual. It is the first official step if you want to threaten the person with bankruptcy if they do not pay up and can be very effective in prompting action. Once you have filled in the SD4 form, you must do everything you reasonably can to bring it to the debtor’s attention and, wherever it is practical to do so, you must give it to them in person. Keep a record of the time, date and address where the statutory demand was handed to the person who owes you and keep anything else that confirms they received it, eg correspondence from them mentioning it. If you do later wish to apply to court to make them bankrupt, you will need to prove that you served the SD4 form properly. If you do not have a court judgment for the debt, you need form SD1 .
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