You should not ignore a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. under any circumstances, in the hope that the issue goes away. Often a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. signals that the sender is willing to take you to court if you do not stop doing the act complained about in the letter. Therefore, ignoring a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. can encourage the other person to formally take you to court using a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. (see Q&A 7). Further, if you do end up going to court over the dispute and lose, the court may make you pay the other person more money because you ignored their original letters.

You should always respond in private to the sender, and in a calm and reasonable manner. Being aggressive or inflammatory will not help you to resolve the situation, and may well cost you more time and money, and cause you more stress, in the long run. Further, if you wrongly threaten to sue someone in relation to IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. to try to get them to back off, you can actually open yourself up to being sued. It is also important to bear in mind that if you do end up going to court over the dispute and lose, the court will take into account your behaviour leading up to the court case when deciding how much money you have to pay the other person.

It is therefore crucial to always respond calmly and reasonably to a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action..

See Q&A 3 for what to say in your response if you know you are not infringing the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs..

See Q&A 4 for what to say in your response if you accept you are breaching The act of violating a legal or moral obligation.the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs..

See Q&A 5 for what to do if you are unsure whether you are breaching The act of violating a legal or moral obligation.the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs..

A cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. will describe the acts which the sender claims are infringing their intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. rights; for example, it may say you are selling goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. using a logo similar to their trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business.. If you know for a fact that you are not doing the acts mentioned in the cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action., then you should send a polite but firm letter in reply explaining this. You should try to include some evidence for your claims (eg by enclosing a copy of your latest marketing campaign, which shows that you are not using the other person's trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business.).

See Q&A 4 for what to say in your response if you accept you are breaching The act of violating a legal or moral obligation.the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs..

See Q&A 5 for what to do if you are unsure whether you are breaching The act of violating a legal or moral obligation.the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs..

If you accept that your actions are infringing the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. rights, you should stop using the sender's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. as requested in the letter (this might involve changing your business name or logo, removing packaging which contains the infringing intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs., removing content from your website, or stopping sale of infringing products, among other things). Note that if you are not sure whether you are infringing or not, you should contact a lawyer (see Q&A 5).

You are not legally obliged to pay any money to the sender of a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action., but you should politely respond and advise the sender that you have stopped the offending actions or that you will stop within a certain time frame. If you do end up going to court over the dispute and lose, the court will take into account your behaviour leading up to the court case when deciding how much money you have to pay the other person. Cooperating with the sender may help you avoid court proceedingsLegal action which is being pursued through a court. (for example, the sender may want you to sign an agreement confirming that you will not infringe their intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. in future). However, before signing any legal documentation requested by the sender, it is best to consult a lawyer (for example, your lawyer may be able to arrange for the documentation to release you from past liability for your infringements). For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

If you are unsure whether you are doing the acts mentioned in the cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action., or are unsure about whether you should stop those acts, then you should consult a lawyer. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service. See also Q&A 13. A lawyer will be able to tell you whether you are indeed infringing on someone else's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. rights and whether you have any defences which might protect you. However, you should always bear in mind that it is very expensive to use lawyers extensively (see Q&A 14), and there are several low-cost ways of resolving disputes which do not involve going to court or using lawyers (see Q&A 16).

If you receive a threat of a lawsuit which is completely unjustified, then you may be able to sue whoever sent the letter. However, this is an aggressive and expensive move, and should be done only as a last resort where someone is persistently threatening to sue you for something which you have not done.

If you receive a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. in an intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. dispute, it means that someone has started the process of suing you for infringing their IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.. A blank copy of a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. is available online.

Note that the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. used to start a claim in the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises., the County CourtA local court for civil (non-criminal) claims between people or companies., and the High CourtA court for claims between individuals or companies. It can hear high-value claims for the first time, or appeals against most claims that have already been heard in the County Court. is the same. To work out which type of claim you are facing, you should look at the box marked 'In the' in the top right-hand corner of the form.

If you receive a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. you should immediately seek legal advice (although see Q&A 12 for an exception to this). This is because you must respond to a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. in a particular way within 14 days of the deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. . If you do not respond in time, then the other person can write to the court and ask for judgment to be given against you without hearing anything more from you. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service. See also Q&A 13.

If you are having difficulties finding a lawyer quickly, you can buy yourself more time by filling in and returning the 'Acknowledgment of ServiceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond.' form which arrived with your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.. A blank copy of an Acknowledgment of ServiceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. form (also known as 'Form N9') can be found online. The form is only half a page long and is fairly self-explanatory – you enter the name of the person who sent you the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., your contact details and date of birth, sign it, and date it. Where it says 'Tick the appropriate box', you will usually select the first option 'I intend to defend all of this claim'. You must submit an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. within 14 days of the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.'s deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. . Doing so will give you 28 days from the deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. of the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to find a lawyer or serveTo deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. a defence (this is a 14 day extension on the usual period of 14 days, see above).

An injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. in an intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. dispute is a tool that a person can use to stop you doing something which might infringe upon that person's IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.. An injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. may, for example, order you to stop using a logo which is too similar to someone else's registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections..

There are two types of injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. – permanent and interim. An interim injunctionA court order requiring or preventing one party from doing something temporarily, usually until their legal dispute with another party has been resolved. is a temporary injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. granted at short-notice which only lasts until a full trial, where the court will decide whether to order a permanent injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something.. A permanent injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. will usually be issued against you where you have lost a court case and the court has decided that you are infringing the intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. rights of someone else. It lasts at the very least until the intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. right that you have infringed expires, however under exceptional circumstances it may last longer.

If someone applies for a permanent injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. against you, then you will likely only receive a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.. For information on what the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. will look like, and how to respond to it, see Q&A 7 and Q&A 8.

If someone has applied for an interim, or temporary, injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. against you, then you will receive an Application Notice (also known as Form N244) with box 3 containing the words 'interim' and 'injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something.' in some way. You will also receive a written statement of some kind from the other person to support the application. This statement will give the other person's version of events and will explain why they believe they deserve an interim injunctionA court order requiring or preventing one party from doing something temporarily, usually until their legal dispute with another party has been resolved.. For information on what to do should you receive an application for an interim injunctionA court order requiring or preventing one party from doing something temporarily, usually until their legal dispute with another party has been resolved., see Q&A 11.

It is essential that you immediately seek legal advice (for access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service. See also Q&A 13). This is because there will likely be a court hearing to determine whether the injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. is actually ordered against you within a couple of days of you having received the Application Notice and evidence. If you cannot secure a lawyer in that short timeframe, you should still attend the court hearing. You should prepare a written statement in advance that explains, as clearly and in as much detail as you can, why you believe the injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. should not be granted. You should give a full explanation of the infringing actions and try to bring evidence to support your claims (eg old companyA private company limited by shares incorporated and registered in England and Wales. adverts which show how you have used the logo in question). The court will listen to you even if you do not have a lawyer, however your arguments may be less effective than if you could find one.

Very occasionally, the court may allow a temporary injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. to be granted without informing you in advance. However, even if this happens, the court will always order a date for a hearing at which you can present your counter arguments, and for that hearing you should seek a lawyer.

For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Once you have a list of potential representatives to consult, you should consider the following factors when picking a particular lawyer:

1. how much they charge. Some will charge a fixed fee for your whole dispute so you always know roughly what you will pay; others will charge you per hour which they work, so costs are harder to predict and could spiral. Some might even have 'no-win-no-fee' services (for more information on costs, see Q&A 14);

2. their experience in dealing with similar matters to yours (this is something you should ask them about);

3. whether they will give you a fixed fee or free initial consultation to discuss your intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. issue with you; and

4. any recommendations or reviews of their service which you have heard from colleagues or friends, or have read online.

If you do visit a lawyer, make sure you take all paperwork and documents which are relevant to the dispute as well as some personal identification. For example, you should bring any communications you have received from the person suing you. Further, you might also have a physical object or copy of the thing that is claimed to be infringing the other person's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. rights. You should bring this – or photos of this – with you to the lawyer.

It costs a lot of money to go to court, regardless of the type of dispute. Experienced lawyers' fees are often at least £175 per hour for intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. disputes, excluding VATValue Added Tax. A type of tax which is charged when goods or services are supplied to a person in the UK., sometimes much more, and it can take days or even weeks of work for lawyers to prepare a court case.

Note that if you win your court case, it is possible that the court will require your opponent to pay some of your legal fees. However, this may not cover all of your fees. Further, if you lose your case, you may be required to pay your own legal fees and a proportion of your opponent’s.

You can do two things to reduce or avoid these costs:

1. where you feel confident running most of a legal dispute yourself, it is possible to hire a direct-access barrister to perform specific tasks for you (eg draft court arguments and present your case in court), but leave you to do the rest (eg collect evidence). Unlike solicitors, barristers often work on a fixed-fee basis so this can help you predict your costs better and reduce them. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service; and

2. it is possible to take out IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. insurance to cover

   1. the costs of getting initial legal advice when you first have a dispute;

   2. the costs of going to court (eg lawyers' fees and experts' fees);

   3. the compensation which you may have to pay to someone else if you lose your court case; and/or

   4. the business revenue you lose as a result of losing the court case.

      If your business is deemed to be low risk, and the cover you require is fairly simple (eg just to cover the costs of your initial legal advice for a patentA legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. dispute), then your insurance may only cost around £1,500 (for £100,000 worth of cover). However, if you only try to get insurance after you have received communication from your opponent then it may be very expensive to acquire. Therefore, you should try to secure IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. insurance early on in your business life.

Yes – and this is strongly recommended. As explained in Q&A 14, going to court can be very expensive. It is also time-consuming, stressful, and distracting for your business. Therefore, you should only ever go to court as a last resort.

When someone raises an IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. issue with you, your first action should always be to try to resolve the dispute personally with the other person, to keep costs down and maintain a business relationship with the other person. However, even if the other person does not wish to resolve matters personally, and wishes to get lawyers involved, you can still use cheaper, quicker, out-of-court methods to resolve your dispute. For example:

1. you can use lawyers to help you try to negotiate a settlement without going to court. Sometimes having a middleman between you and the person with whom you have a dispute can help diffuse the tension;

2. if your dispute is about patentA legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. infringement, you can pay £200 and ask the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). to give a written opinion on the dispute. This will be an independent, expert piece of advice on who is in the right, and can be used as the basis for resolving your dispute. If you wish to do this, you should send two copies of Patents Form 17 and the £200 fee to the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM)., and two copies of any statements and evidence which you wish the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). to consider. The IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM).'s address is at the top of PatentsLegal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. Form 17. The IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). will normally take less than three months to give its opinion; or

3. you can use the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. service. This is where an independent expert from the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). helps you negotiate a resolutionA formal decision made by the directors or members of a company, which binds the company once it is passed. of your dispute. A mediatorAn independent, impartial person who helps two or more individuals or groups reach a mutually acceptable solution to a legal dispute in a process called mediation. will not make a decision on your dispute, but can help you resolve the dispute yourselves. The basic fee is up to £450 for a one-day mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement., although you will also need to pay your lawyers' fees if you use a lawyer for any of the preparation or mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement.. MediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. can only happen if both you and the other person agree to it. If you agree to hold a mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement., you should send written confirmation to the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). at this email address: mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement.@ipoIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM)..gov.ukUnited Kingdom of Great Britain and Northern Ireland. They will help you organise the mediatorAn independent, impartial person who helps two or more individuals or groups reach a mutually acceptable solution to a legal dispute in a process called mediation. and the mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement..

If you cannot avoid going to court (see Q&A 16 for information on your other options), and you lose your dispute, the outcome could be very serious. The court could order you to stop doing the action that is infringing someone else's IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. (eg using a logo) (see Q&A 18). Each case is unique, however, and the court may also order you to:

1. pay compensation to the person suing you (this is the most common outcome);

2. pay over to the other person the profit you made from selling goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services using their IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. (eg the profits from goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. you sold which used the other person's trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business.).

The consequences of losing a court dispute can be very serious for your business. You should therefore make every effort possible to resolve an IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. dispute out of court (see Q&A 16).

If you cannot avoid going to court (see Q&A 16 for information on your other options), and you lose your dispute, the outcome could be very serious. The court could order you to pay money to the person whose IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. you have infringed (see Q&A 17). Each case is unique, however, and the court could also order you to:

1. stop doing the infringing act (eg stop using a particular logo, design, invention, or process, or stop importing particular goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.);

2. give up or destroy infringing goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. (eg goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. which you own which use the other person's trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. or design); or

3. make a public statement that you infringed the other person's IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. (this is more likely for disputes between larger companiesPrivate companies limited by shares incorporated and registered in England and Wales. )

You may also be landed with a large legal bill requiring you to pay your own lawyers' fees and some of your opponent’s legal fees. See Q&A 14 for further information.

The consequences of losing a court dispute can be very serious for your business. You should therefore make every effort possible to resolve an IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. dispute out of court (see Q&A 16).

The court may order you to pay compensation to the person whose IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. you have infringed (see Q&A 17) or it can make other orders, eg, that you stop doing the infringing act (see Q&A 18). If you have acted dishonestly then you may also have committed a criminal offence which could lead to you being fined or, in extreme cases, sent to prison. Note that this will be decided in separate, criminal proceedings, the scope of which is beyond this service. You may, for example, be criminally prosecuted if:

1. you knowingly sell, market, or distribute goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. which infringe someone else's copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission., trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. or registered designA design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. . For example, hosting a website which allows illegal downloads of music, or creating pirate copies of films;

2. you knowingly receive television programmes from an illegal source to avoid paying the proper provider. For example, showing Sky television in your pub via an illegal source and without paying Sky; or

3. if you lie by claiming that you have a patentA legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. , registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections. or registered designA design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. when you do not.

Therefore, you must never knowingly copy someone else's intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. because the consequences can be very severe.

If you believe someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. (see Names and logos: Trade marks, Writing, music, pictures and code: Copyright, Designs: Design rights and Inventions: Patents for when this might occur in relation to each of the four main areas of intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs.), the first option to consider before taking any other steps is sending a letter setting out your position and asking the person to stop doing the infringing act. This type of letter is sometimes referred to as a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action..

Note that a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. has no legal force whatsoever, and cannot compel the person you have written to to stop doing anything or to pay any money to you. However, receiving the letter may cause them to stop, especially if they were not aware that what they were doing infringed upon your IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs..

See Q&A 22 for information on what a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. should contain.

Your cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. should include:

1. who you are and what your business does;

2. the nature of the IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. that you feel have been infringed (eg a registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections. or copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission.);

3. details of the product or service the person you are writing to provides which is infringing your IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.; and

4. how the product or service infringes your IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs..

You should write the letter calmly and remain professional. It is important to be aware that if you wrongly threaten to sue someone in relation to IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs., you can actually open yourself up to being sued. It is also important to bear in mind that if you do end up going to court over the dispute and lose, the court will take into account your behaviour leading up to the court case when deciding how much money you have to pay the other person.

However, letting someone know that a right exists is not the same thing as threatening legal action, and a letter is a good way to start off a process which might lead to negotiation, mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. or an agreement, instead of legal action. See Q&A 25 and following for more information on mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement..

If you send a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. (see Q&A 21 and Q&A 22) and this motivates the person who is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. to stop, you should get a formal agreement in writing from them recognising that they have been infringing your rights, and that they agree to stop. If your competitor resumes infringing your rights after agreeing to stop and you want to take them to court, it may well be easier with this agreement as evidence. You may want to seek legal advice about what this agreement should contain, as it will depend entirely on the circumstances and what has taken place. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Most internet marketplaces (eg Amazon, eBay, Etsy etc) have a standard process for reporting IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringements.

You will usually need to include the item numbers that the marketplace uses to keep track of products, so that they can identify the relevant products. You may also need to send evidence that you own the IP rightIntellectual property right. A right associated with unique products of human intelligence and creation, such as copyrights, patents and designs. in question, for example evidence of a trade mark registrationThe process of registering a trade mark on one of the trade mark registers, such as the UK Intellectual Property Office. .

Contact methods for some individual marketplaces are as follows:

1. Etsy

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

2. Amazon

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

3. NotOnTheHighStreet

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

4. eBay

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

5. Facebook Marketplace

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

6. Alibaba

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

7. TikTok Shop

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

8. Temu

   report an IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. infringement here.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

If you need an immediate solution, for example, the other side to stop selling their product right away, because it is having a big impact on your sales or brand, only a court can order this. If you try mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. first, sales will only stop if the other side agrees, and the time spent trying mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. might be too long to wait. In these circumstances you need to apply to a court for an injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something., which is an order for the other side to stop doing something (here, selling your product). For a full explanation of what mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. involves, see Mediation.

If you need an example to be set, perhaps to scare off other would-be infringers, or to establish a legal precedent that your infringer violated your rights, you will need to go to court. This is because most mediations will agree to a confidential settlement, meaning that you cannot use the fact of having settled as a way of discouraging other potential infringers of your intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs..

If there is a genuine, deep-running dispute over what the law is, or about whether the actions of one side have violated that law, you might need the expertise and evidence gathering capabilities of a court. That being said, you may sometimes be encouraged by the court to attempt mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. before you begin formal legal action that will take up court time and resources.

In many other situations, however, mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. will be advantageous. MediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. is likely to be more private, less time-consuming and potentially less stressful than going to court. Although IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. themselves tend to be public, disputes over them can be kept confidential if the dispute is kept out of court. It may be worth considering the effect of a public dispute on investors, or on the willingness of potential employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to be involved with the companyA private company limited by shares incorporated and registered in England and Wales. . If you wish to maintain a good relationship with the other party after the dispute is resolved, mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. is more likely to achieve that goal.

See Q&A 26 for how to go about using mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. in an IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. dispute.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

You can use the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. service. This is where an independent expert from the IPOIn relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). helps you negotiate a resolutionA formal decision made by the directors or members of a company, which binds the company once it is passed. of your dispute. A mediatorAn independent, impartial person who helps two or more individuals or groups reach a mutually acceptable solution to a legal dispute in a process called mediation. will not make a decision on your dispute, but can help you resolve the dispute yourselves. The basic fee is up to £450 for a one-day mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement., although you will also need to pay your lawyers' fees if you use a lawyer for any of the preparation or mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement.. MediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. can only happen if both you and the other person agree to it.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

If someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., you may want to negotiate a licence. A licence for IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. is an agreement whereby someone else is allowed to use your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., usually in exchange for payment or other promises. A licence does not give the other person ownership of your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., it simply gives them permission to use your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. in a certain way. This will let them continue whatever it is they are doing, but they will pay you to use your IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.. You can agree on different kinds of remuneration; it might be a flat fee, repeating payments, a percentage of profits or whatever other arrangement you come to.

A licence may be suitable where your competitor has produced a good quality product which you would not want to see removed from the market, but which violates your IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs., or where they have managed to tap into a market that you have struggled to exploit. The terms of the deal would be up to you and your competitor to work out, and this is essentially a matter for your own commercial judgement based on the potential costs and benefits.

For more information on agreeing a licence with someone to use your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., including the practical steps you need to put the arrangement in place, see Licensing your intellectual property.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

If you think that another person or business is trading (or about to start trading) that has similar IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. to you, for example a business name or product, you might consider protecting your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. by entering into a coexistence agreementAn agreement between two or more businesses allowing them to operate without fear of interfering with each other's intellectual property rights. Coexistence agreements are most commonly used to avoid confusion where two businesses or people have similar names. with that person or business.

A coexistence agreementAn agreement between two or more businesses allowing them to operate without fear of interfering with each other's intellectual property rights. Coexistence agreements are most commonly used to avoid confusion where two businesses or people have similar names. is a contract between two or more parties who have similar IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. (for example business names, patentsLegal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner., copyrightsCopyrights are legal protections which give people who create literary, musical, artistic or certain other works the right to be the only one to copy or reproduce that work for a certain amount of time (usually 70 years)., designs or trade marksDistinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses.). The agreement governs how each of the parties will coexist without coming into conflict over their IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., setting out the obligations, conditions, rights and restrictions on each party.

Coexistence agreementsAgreements between two or more businesses allowing them to operate without fear of interfering with each other's intellectual property rights. Coexistence agreements are most commonly used to avoid confusion where two businesses or people have similar names. are most commonly used where trade marksDistinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses. or business names are identical, but the situation is tolerable as both businesses plan to operate in different areas of the country. For example, if an Indian restaurant called 'Indian Gourmet', located in Leeds, receives a cease and desist letterA cease and desist letter is a letter demanding that you stop doing something that the sender believes to be illegal, eg that you stop using his trade mark. It usually concludes with the threat of legal action. from a restaurant with the same name in South London, the two restaurants may decide that they have no problem with one another so long as one only trades within Greater London and the other sticks within Yorkshire. In this case, a coexistence agreementAn agreement between two or more businesses allowing them to operate without fear of interfering with each other's intellectual property rights. Coexistence agreements are most commonly used to avoid confusion where two businesses or people have similar names. is a way for both to get assurances that the other will not later expand into trading in the other's locale.

For more information about coexistence agreementsAgreements between two or more businesses allowing them to operate without fear of interfering with each other's intellectual property rights. Coexistence agreements are most commonly used to avoid confusion where two businesses or people have similar names., including the practical steps to take to put the arrangement in place, see Licensing your intellectual property.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

If you are reasonably certain that there is IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringement, and all other options have failed, you should consider taking legal action (see Q&A 20 for a list of other options you should consider first).

There are two options to consider if you want to go to court over your IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.:

1. if the infringement is of copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission., a UKUnited Kingdom of Great Britain and Northern Ireland and Community registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections., passing offWhere someone (person A) uses a brand name, description or labelling on their goods, which is likely to mislead the public into thinking the goods have come from a different company or brand (person B) which has already established goodwill or a reputation in the market, and person B suffers a loss as a result., or a UKUnited Kingdom of Great Britain and Northern Ireland or Community unregistered designA design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right, and the value of the claim is under £10,000, the claim is likely to be suitable for the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). of the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. (IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises.).

   This option helps save costs when making a claim, and you may be able to go through the whole process without legal representation if you are willing to represent yourself. For a detailed guide to using the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises., including what you are likely to get out of it if you win, see Q&A 32 and following.

2. if the value of your claim is over £10,000, or the infringement concerns a patentA legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. or registered designA design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. right, or you do not feel comfortable representing yourself in court, you should seek advice from a lawyer experienced in intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. law. They will be able to offer more information on which court is most suitable, how likely you are to succeed, and how much legal action will cost. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

In some cases, in addition to an infringement upon the owner's IP rightsIntellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs., an IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringement can also be a crime. This can lead to investigation by the police or another public authority, and sometimes prosecutions in a criminal court. If a public authority carries out and prosecutes any IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringements that affect your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., this can be helpful because:

1. you will not have to pay for the investigation, as it is carried out by a public body, but it might still bring an end to infringement; and

2. if there is a successful criminal prosecution, and you decide to sue separately, for example to get back money you have lost to counterfeitAn unauthorised imitation of goods which is held out to be genuine by the person who made or sells it. sales, you can use the criminal prosecution as evidence.

However, you cannot rely on public authorities for all infringements of IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., as many are not criminal offences, but only civil offences (allowing you to sue them, but not counting as crimes). Even if a criminal prosecution is successfully brought, you will not necessarily get what you want out of it – it is unlikely to provide you with financial remedies to cover previous infringement, for example, though in a case of copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. infringement you may be able to recover infringing copies of any copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. works. See Q&A 31 for more information on the types of IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringements that are also criminal offences.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

The offences which are covered by criminal law, and so which are worth reporting to the authorities if you think they are taking place, are as follows:

1. CopyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission.

   Most infringements of copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. committed in the course of business and where the person knows or ought to know that they are dealing with an infringing copy, including making, importing, selling or hiring out infringing articlesAlso referred to as articles of association, a company’s articles are the main body of rules which govern how the company regulates its internal affairs (subject to certain overriding legal requirements). Important matters addressed in the articles include the division of powers between directors and shareholders, the composition and operation of the board of directors, matters relating to the holding and conduct of directors’ and shareholders’ meetings, and provisions relating to the transfer of shares. are criminal offences. See Identifying copyright in business situations for more information on what copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. covers.

2. Designs

   For registered designsDesigns which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. (whether they are registered in the UKUnited Kingdom of Great Britain and Northern Ireland or the EUThe European Union), it is a criminal offence to intentionally copy the design to make a product in the course of business that is exactly the same as the design or has only immaterial differences, as well as to put such a product onto the market, import or export it, or stock it for one of those purposes. There are no crimes relating to unregistered designs. See Identifying design rights in business situations for more information on how designs are protected.

3. Trade marksDistinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses.

   It is a crime for someone to apply a sign identical to or likely to be mistaken for someone else's registered mark to goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. (or their packaging), or to sell, let, offer for hire or distribute goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. which bear such a mark. However, the process of trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. prosecutions is often expensive, long and complex, and may not be any better than pursuing a civil action. See Identifying a trade mark in business situations for more information on what a trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. can protect.

If you think one of these offences may have been committed, you have two options: you can report it to your local Trading Standards officeThe local office of the government department which is responsible for regulating business sales and marketing. (a part of your local council), as they are the public authority most likely to prosecute IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. related crimes, or you can bring a private prosecution, which is where you take someone to court yourself over a criminal matter. This is not something which you can do without legal representation, so if you want to do this you should speak to a lawyer experienced in private prosecution of IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.-related crimes. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

For more information on other available options when someone is infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Q&A 20.

The court will only hear cases relating to copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. (any type), UKUnited Kingdom of Great Britain and Northern Ireland and Community registered trade marksTrade marks which have been registered with the Intellectual Property Office in order to give them clear protections., passing offWhere someone (person A) uses a brand name, description or labelling on their goods, which is likely to mislead the public into thinking the goods have come from a different company or brand (person B) which has already established goodwill or a reputation in the market, and person B suffers a loss as a result., UKUnited Kingdom of Great Britain and Northern Ireland and Community unregistered designA design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights and confidential information disputes.

Cases relating to other types of IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., eg patentsLegal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. or registered designsDesigns which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right., cannot be heard in the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000)., regardless of the value of the claim and the wishes of the parties involved in the dispute.

See Q&A 32 for other restrictions.

No, you cannot start claims of any value in the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). – there is a limit on the value of the claim. Your claim must be for £10,000 or less. Although the court has the power to order an award of more than £10,000, if it appears to the court from the outset that your claim is worth more than £10,000, it is likely to regard it as unsuitable for the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000)..

See Q&A 32 for other restrictions.

No, you cannot start a claims in the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). regardless of the remedy you are asking for. There are certain remedies that the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). is unable to give.

The IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). is suitable for claims where the remedies being sought are damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. for IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringement, an account of profits (where you are paid any unfair profits from the infringement), delivery to you or destruction of the infringing items or a final injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. to prevent infringement in the future. See Q&A 43 for more information on the remedies that you can request.

The small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). of the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. is unable to grant interim remedies, eg an interim injunctionA court order requiring or preventing one party from doing something temporarily, usually until their legal dispute with another party has been resolved.. Therefore, if you need an immediate court orderA command made by a court or a judge which requires a person to do or not do something. , for example to immediately stop someone from disclosing confidential information, or from using a trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business., you should not commence proceedings in the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000)..

See Q&A 32 for other restrictions.

Yes, the person you are claiming against, or the defendant, is permitted to object to your claim being in the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000).. If the defendant does this in their defence, you and the defendant will be required to complete a directions questionnaireA questionnaire for parties to give the court information about their case to help the court decide whether it is suitable to treat the matter as a small claim and to decide how to manage the claim to its conclusion. which will have to be sent to the court and sent to each other within 14 days. The court will then make a decision on whether to allocate the case to the small claimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. or to the multi-trackThe procedure and timetabling used for legal claims which are too valuable or too complex to be small claims track, fast track or intermediate track claims. and will notify you and the defendant of its decision.

See Q&A 32 for other restrictions.

The IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). is designed for relatively simple cases that are likely to last no longer than a day. Therefore, if your claim will need complex expert evidence or many witnesses it is unlikely to be suitable for the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000).. See Q&A 76 for more information on what documentary evidence you may rely on.

See Q&A 32 for other restrictions.

To start your claim in the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000)., you will have to pay:

1. an initial fee to the court. The court fee will depend on the value of your claim (ie how much you want to claim from the other side). See Q&A 39; and

2. if your case proceeds to a court hearing, you will have to pay a hearing fee. See Q&A 40.

The court fee will depend on the value of your claim (ie how much you want to claim from the other side). See the table below.

If your claim is for non-monetary relief only, ie you are not claiming for damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. or account of profits (where you are paid any unfair profits from the IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringement) (see Q&A 43 on available remedies in IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises.), then the fee is £480.

If your claim is for both monetary and non-monetary relief, then the relevant fees should be added together.

See Q&A 40 for information on the hearing fee, which will also be payable when starting a claim.

If your case proceeds to a court hearing, in addition to the initial fee (see Q&A 39), you will have to pay a hearing fee. The hearing fee will depend on the value of your claim (ie how much you want to claim from the other side). See the table below.

See Q&A 74 and following for more information on the hearing at the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises..

The IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). is designed to keep costs proportionate to the small sums at stake, therefore cost recovery is highly restricted (with most people representing themselves). As such, the court can only order one party to pay the other the following (including those relating to appeal):

1. court fees (the initial issuing fee and hearing fee – see Q&A 38);

2. expenses reasonably incurred by you or a witness in travelling to and from a hearing or for accommodation for the purposes of attending a hearing;

3. a sum of up to £95 per person, per day for any loss of earnings or loss of leave by you or a witness due to attending a hearing;

4. experts' fees, at a sum of up to £750 for each expert (although the use of expert evidence generally will not be appropriate in the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). – see Q&A 76); and

5. any further costs, which the court decides are to be paid by the other party if the court thinks they have behaved unreasonably in the proceedings. Although a party's rejection of an offer of settlement (see Q&A 45 for alternatives to going to court and Q&A 79 for more information on settling once proceedings have been started) will not of itself constitute unreasonable behaviour, the court can take it into account when deciding on costs. Other possible factors that the court considers might be whether you failed to contact the other party and set out your complaint before starting litigation (see Q&A 46), or whether you failed to follow the court's directions (see Q&A 74).

The length of time it takes to receive a decision from the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. will depend in part on how long the person you are claiming from (the defendant) takes to respond to your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. and particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. – see Q&A 47 for more information on these.

If, when they receive your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., the defendant files an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. with the court, this has the effect of extending the usual 14 days' time limit the defendant is allowed to respond to your claim to 42 or 70 days, depending on whether you have complied with the Pre-action protocolRules about the steps that should be taken before suing someone. There are different pre-action protocols depending on what the claim is about. – see Q&A 61. Once the defendant has responded, and if they dispute your claim, the court will send you an order containing a date for the final hearing. You will be given at least 14 days' notice (unless you agree to less) of the hearing – see Q&A 74.

You can obtain any of the following remedies in a small claimA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. at the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises.:

1. Damages

   This remedy is to compensate for any loss that you have suffered because of the actions of the person you are claiming from (the defendant). The purpose of an award of damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. is to put you into the position you would be in if the person you are claiming from had not infringed your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.. This can be assessed in terms of, for example, lost profits, an award of a royalty, or a fee which would have been due if the defendant had properly requested authorisation to use your intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs. right. The assessment is made based on how much it would have cost the defendant to obtain a licence to legally use your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.. You should note that any award for damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. will be capped at £10,000.

2. Account of profits

   This is where the defendant will have to pay you any unfair profits they have obtained as a result of infringing your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.. As with damages, any award for account of profits will be capped at £10,000.

3. Delivery up or destruction or infringing items

   Where the defendant is in possession of items which infringe your intellectual propertyA product of human creativity such as copyrights, trademarks, patents and designs., you can request that an order be made for the infringing items to be delivered to you (or to a third partyA person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract.). This order is sometimes combined with an order to destroy the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items..

4. Final injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something.

   For example, an injunctionAn order of the court which usually prevents a person from doing something or requires a person to do something. to stop using a trading nameA name under which any person, partnership or company carries on business. Also known as a business name. For companies, it may not be the same as the registered name of the company. or mark on certain goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items..

No, you do not need legal representation for the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000)., although you can choose to have it should you wish.

The IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). has been set up to be used by parties who do not have a legal representative. It has a more simplified and informal process than other UKUnited Kingdom of Great Britain and Northern Ireland civil courts. If the parties involved agree, the court may even deal with the claim without a hearing, and only consider the documents relating to the case and the written arguments of the parties to the dispute.

You can, however, choose to be represented by a solicitor. Though it is important to bear in mind that if you do so, you are unlikely to recoup from the other side any fees that you pay them if you lose.

If you feel you do need legal advice, but cannot afford it, you can seek assistance from the Citizen's Advice Bureau situated on the Ground Floor of the Thomas More Building in the Royal Courts of Justice. Other organisations that may be able to provide free assistance include Advocate or LawWorks.

If you feel you would like moral support or support in taking notes or handling case papers, you might want to get the assistance of what is known as a McKenzie friendA person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support.. This is a layperson who helps with the case, and also provides advice quietly in the background on how to conduct the case. You still represent yourself in the proceedings – a McKenzie friendA person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support. is not like appointing a lawyer, and they are not allowed to speak on your behalf in court, unless the court grants them specific permission. If you wish to exercise your right to assistance from a McKenzie friendA person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support., you should inform the judge as soon as possible to obtain consent, indicating who this person will be. Note that McKenzie Friends may not have any legal qualifications and/or professional indemnity insuranceInsurance which covers the cost of compensation for loss or damage caused by providing negligent services or advice to a customer., so using a McKenzie FriendA person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support. will not give you the same protections as engaging a lawyer. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

There are a number of alternatives to commencing proceedings at the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. including conciliation, mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement., arbitrationA form of alternative dispute resolution whereby the parties agree to allow an independent and impartial person (the arbitrator) to decide how their legal dispute should be resolved. Any decision made by an arbitrator is legally binding on the parties., Early Neutral EvaluationA process where a neutral party gives a non-binding evaluation on the merits and flaws of a dispute. and binding expert determinationA process in which two parties agree to submit their dispute to an expert who will decide the matter. The expert's decision is binding, regardless of the outcome.. Collectively, these methods are referred to as Alternative Dispute ResolutionADR: A collective description of methods of resolving disputes otherwise than through the normal trial process, which include mediation or arbitration. (ADRAlternative Dispute Resolution: any method of settling a legal dispute without it escalating to court. This might include options such as mediation or arbitration. ).

You are strongly encouraged to explore the use of ADRAlternative Dispute Resolution: any method of settling a legal dispute without it escalating to court. This might include options such as mediation or arbitration. before commencing any sort of litigation. However, given the relatively low sums involved in small claimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer., the cost of some ADRAlternative Dispute Resolution: any method of settling a legal dispute without it escalating to court. This might include options such as mediation or arbitration. methods can be disproportionate to the sums at stake. Nonetheless, mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. and negotiation are frequently worth exploring. Free mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. services are available through the charity LawWorks for parties who cannot afford to pay for mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement..

Even if you do start a claim, there is nothing to stop you pursuing mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. or negotiating a settlement before the final hearing. Indeed, the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. provides a small claimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. service which you can use once proceedings have been started, up until ten working days before the hearing date. This involves a confidential one-hour mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. appointment over the telephone and is provided free of charge. For more information on the small claimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. service see Q&A 79.

You will need to complete a claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., sometimes referred to as Form N1. See Q&A 48 and following for guidance on completing the form, and Q&A 54 for information on what to do with your form once completed.

The form is fairly simple to complete, but the table below sets out some points to note. You should also read the Guidance Notes to completing the form.

In addition to the information set out in Q&A 47 that should be included in your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., you will need to identify the work that is protected by copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. and when the work was created. If possible, you should attach a copy of your copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. work to the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.. For example, 'On or around [date] the claimant took a photograph entitled [title]. A copy of the photograph is attached to this particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.'. See Identifying copyright in business situations for more information on copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission..

You should also include details of where your work was displayed or published. It is important to show to the court that the defendant had access to your work as the court needs to be convinced that the defendant has copied your work, in full or substantially, and that the defendant did not independently create a similar work. You should also clearly state that the defendant reproduced your work without your consent.

You should clearly sate that there has been an infringement of your copyrightA legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. and detail the remedy or remedies you are asking for. See Q&A 43 on available remedies.

In addition to the information set out in Q&A 47 that should be included in your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., you need to identify your design, and you should also state when you created your design. See Identifying design rights in business situations for more information on design rights.

To prove infringement, you must demonstrate that the defendant has copied your design, without consent, and produced an article the same or substantially similar to your design. This includes producing a technical drawing of your design for the purpose of making the article or making articlesAlso referred to as articles of association, a company’s articles are the main body of rules which govern how the company regulates its internal affairs (subject to certain overriding legal requirements). Important matters addressed in the articles include the division of powers between directors and shareholders, the composition and operation of the board of directors, matters relating to the holding and conduct of directors’ and shareholders’ meetings, and provisions relating to the transfer of shares. of the design. Note that the defendant must have copied your design for commercial purposes and not for private use.

You should clearly state that there has been infringement of your unregistered designA design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right and detail the remedy or remedies you are asking for. See Q&A 43 on available remedies.

Passing offWhere someone (person A) uses a brand name, description or labelling on their goods, which is likely to mislead the public into thinking the goods have come from a different company or brand (person B) which has already established goodwill or a reputation in the market, and person B suffers a loss as a result. is an action to prevent a business misrepresenting their goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services as being your goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and services. It provides a cause of actionThe fact or combination of facts that gives a person the legal basis to sue another. where you have no registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections..

In addition to the information set out in Q&A 47 that should be included in your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., you need to identify the mark or what is referred to as 'get up' (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) that has acquired distinctiveness as designating your goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services. It is important to demonstrate that there is some actual association in the mind of the general public between your unregistered mark or 'get up' and your business. This could be evidenced through advertisements and promotion of your brand, or through actual trading figures. You should detail how the defendant's mark or 'get up' is similar to yours. It is helpful to attach copies of the identical or similar marks to the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form..

You will also need to demonstrate that customers have been misled into believing that the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services offered by the defendant were originating from you, whether intentionally or not. It might be helpful to provide witness statementsSigned written statements of a witness's evidence, including a statement from the witness that he believes that the facts in the statement are true. from customers who have been misled.

It is important that you detail that you have suffered damage, or are likely to suffer damage because of the misrepresentation by the defendant, for example through actual or potential loss of sales or damage to your business's reputation (eg because the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. sold are inferior goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. that the public might associate with your business).

You should clearly state that the defendant is passing offWhere someone (person A) uses a brand name, description or labelling on their goods, which is likely to mislead the public into thinking the goods have come from a different company or brand (person B) which has already established goodwill or a reputation in the market, and person B suffers a loss as a result. goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services as if they had been authorised or approved by your business or are in some other way connected with your business and state the remedy or remedies you are seeking – see Q&A 43 on available remedies.

In addition to the information set out in Q&A 47 that should be included in your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., you need to identify why the information is confidential. Information that is in the public domain cannot be confidential information. The information must also be clear and ascertainable, and must must have commercial value. You should ask yourself the question, would a competitor gain an advantage in the market place if they had access to the information?

You will need to demonstrate that the information was communicated in circumstances where there was an obligation of confidence, for example, where a confidentially agreement was in place. If the agreement was in writing, it is helpful to attach a copy of any confidentiality agreement to the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.. You will also have to demonstrate that there has been actual or proposed unauthorised use of that information.

You should clearly state that the defendant has committed a breach of confidenceThe disclosure or use of confidential information; or the improper obtaining of confidential material; or in some circumstances, the retention of information obtained in confidence. If there is a breach of confidence, the person who breached (broke) confidence may be sued. and state the remedy or remedies you are seeking – see Q&A 43 on available remedies.

In addition to the information set out in Q&A 47 that should be included in your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., you need to identify the registration number of your trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. and the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and services it is registered against. It is good practice to attach a copy of the trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business..

You should set out clearly how you believe the defendant has infringed your trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business.. Your registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections. will be infringed when the defendant uses in the course of trade:

1. an identical mark on identical goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services to those for which your mark is registered;

2. an identical mark on similar goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or services to those for which the earlier mark is registered, where there is a likelihood that the public will be confused as to the origin of the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.; or

3. a similar mark on identical or similar goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and services to those for which your mark is registered, where there is a likelihood that the public will be confused as to the origin of the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items..

If your registered trade markA trade mark which has been registered with the Intellectual Property Office in order to give it clear protections. has a reputation in the UKUnited Kingdom of Great Britain and Northern Ireland, it will have even wider protection.

Unless you are asserting that the defendant has used an identical trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. on identical goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and services, as in a counterfeitingThe act of making of unauthorised imitations of goods and then pretending that they are genuine. situation, it would be helpful to produce evidence of confusion from your average customers.

You should also clearly state that the defendant has breachedViolation of a legal or moral obligation. your trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. and state the remedy or remedies you are seeking – see Q&A 43 on available remedies.

You need to take or send your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the public counter at the Rolls Building (which is open on week days between 10 am and 4.30 pm):

7 Rolls Buildings Fetter Lane, London, EC4A 1NL.

You should bring enough copies of the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. for the court and for each defendant involved in the dispute. The court will then 'issue' the claim by stamping the form and putting a date on it, and will then provide you with stamped copies for each defendant. See Q&A 55 for information on how the defendant gets a copy of the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., and is made aware of the claim.

It is up to you (the claimant) to give the defendant a copy of the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. and particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. in the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000).. The court will not do this for you. See Q&A 56 for guidance on when the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. needs to be given to the defendant(s).

The date on which the court stamps the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. (see Q&A 54) is important, as this date triggers strict deadlines for when you must send the form to the defendant.

You must send the defendant the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. and a response pack before midnight on the calendar day four months from the date the court stamped your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.. The response pack should include forms for admitting the claim (Form N9A for a specified amount and Form N9C for an unspecified amount or non-money claim), forms for defending the claim or making a counterclaimA claim made by a defendant against a claimant. (Form N9B for a specified amount and Form N9D for an unspecified amount or non-money claims), and an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. form. See Q&A 57 for information on extending this deadline.

Yes, you can apply to the court to extend the period of four months within which you have to give the defendant the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. but you must do so promptly and the application must be supported by evidence showing that you took all reasonable steps to attempt to give the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the defendant but were unable to do so.

There are several ways that you can send the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the defendant. Depending on the method by which you are sending the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the defendant, you must take the 'Step required' in the table below by midnight on the calendar day four months from the date the court stamped your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. (see Q&A 56).

Yes, it is possible to send your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. to the defendant separately from your claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.. See Q&A 48 for more information on completing the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., and Q&A 49 and following for more information on completing the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form..

If you are sending them separately, you must send the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. within 14 days of the deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. of the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.. The deemed date depends on the method you have used to send the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the defendant. See the table in Q&A 58 for how to calculate this.

You must also ensure that you send your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. to the defendant no later than midnight on the calendar day four months from the date the court stamped the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company..

In addition, you need to supply the court with a copy of your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. within seven days of sending them to the defendant.

You must provide the court with a certificate of service stating that the documents were given to the defendant, when they were given and by what method, within 21 days of having given the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. to the defendant, unless the defendant has filed an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. within that time.

The defendant must respond within 14 days of receiving your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.. The defendant can respond in one of the following ways:

1. admit the claim (see Q&A 62);

2. defend the claim (see Q&A 63); or

3. defend part and admit part of the claim (see Q&A 64).

If the defendant admits the claim, this effectively ends the matter.

If your claim was for a specified amount of damages, the defendant can offer to pay the amount in full, offer to pay the money instalments, or offer to pay the money at a later date. If you have not specified an amount (and are seeking damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. from the defendant), then the defendant can make you an offer. If you accept the offer, the court will order that the defendant pays this offer to you. If you reject the offer, you can ask the court to make a decision based on its own judgment as to how much the defendant should pay.

Whether you decide to reject or accept the defendant's offer, you must respond within 14 days of receiving the defendant's admittance form, or your claim will be 'stayed'. This means that your claim is suspended and you will have to apply to the court if you want to resume your claim.

If the defendant wishes to defend all or part of your claim, they must provide a defence using either Form N9D (where the amount of damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. has not been specified) or Form N9B (where the amount of damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. have been specified) within 14 days of receiving your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form..

Alternatively, the defendant may provide an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. within the 14-day term. This will automatically extend the time that they have to form their defence to 42 days from the date of receipt of the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.. However, if your particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. did not include confirmation that you complied with the Pre-Action Conduct Practice Direction (see Q&A 46), the defendant has 70 days from the date of receiving the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. to file their defence.

You will receive a copy of the defence and any counterclaimsClaims made by a defendant against a claimant. made.

Shortly after the defence is provided, the court will send out an order containing directions for how the case will progress and be managed until the final hearing. In exceptional cases (eg when the court thinks one of the parties has no realistic prospect of success and wants to end the claim), the court may arrange an initial hearing for you and the defendant to attend.

The court's order with directions for how the case will progress will set out a timetable for you and the defendant to send relevant documents to each other, and for the evidence of any witnesses to be provided. The court orderA command made by a court or a judge which requires a person to do or not do something. will include a date for the final hearing of the claim, with at least 21 days' notice, unless both you and the defendant agree that the claim can be decided by the judge themselves without a hearing. If you have come to such an agreement with the defendant, the order will give a date by which the judge will give a written judgment. You should note that the court can make whatever directions it deems necessary and you must comply with all directions by the dates specified in the order or the court may adjourn (postpone) the case and order you to pay costs.

In this situation, you will receive two forms – Form N9A in which the defendant states how much of the claim they are admitting to, and Form N9B where they will state how much of the claim they are defending.

The court will give you Form N225A in which you have two options: you can accept the defendant's defence and the amount of money they have admitted to; or, accept the defendant's offer and disagree with their defence. If you disagree with the defendant's defence, the claim will continue as disputed and you may have a hearing.

Whether you decide to accept or reject the defendant's defence, you must make sure that you complete Form N225A and send it both to the court and defendant within 14 days of receiving it, otherwise the case will be stayed. This means your claim is suspended and cannot be resumed unless you make an application to the court.

If the defendant fails to file an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond., or files an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. but then fails to file a defence in time, then you may apply for a judgment in default. This is where the judge automatically decides in your favour.

You cannot apply for a judgment in default unless you have provided the court with a certificate of serviceA legal form which states how and when a document was served on someone. – see Q&A 60. Additionally, you cannot request a judgment in default where the defendant has satisfied the whole of the claim (ie has paid the damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. you are asking or has given you the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. you demanded) including costs or where your claim is for money and the defendant has filed or servedDelivered or sent documents to someone for use in court proceedings in a way that complies with court rules. an admission of liability to pay the full amount, but has requested more time to pay.

See Q&A 66 for more information on how to apply for a judgment in default.

You need to fill in and return a 'Request for Judgment' located at the bottom of the Notice of IssueA notice sent to the claimant by the court when his claim is issued. that was given to you by the court when they stamped the claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.. An application for judgment in default must include evidence that the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. were servedDelivered or sent documents to someone for use in court proceedings in a way that complies with court rules. (eg by referring to any certificate of serviceA legal form which states how and when a document was served on someone. you have given with the court). You also need to include evidence that the defendant has not provided a defence, or has provided an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. but no defence, that the period during which the defence must have been provided has expired, and that the claim has not been satisfied or admitted by the defendant. If you are requesting that the defendant deliver to you articlesAlso referred to as articles of association, a company’s articles are the main body of rules which govern how the company regulates its internal affairs (subject to certain overriding legal requirements). Important matters addressed in the articles include the division of powers between directors and shareholders, the composition and operation of the board of directors, matters relating to the holding and conduct of directors’ and shareholders’ meetings, and provisions relating to the transfer of shares. or goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. that infringe your IPIntellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., your application for judgment in default must state the reasons why you are seeking delivery of the articlesAlso referred to as articles of association, a company’s articles are the main body of rules which govern how the company regulates its internal affairs (subject to certain overriding legal requirements). Important matters addressed in the articles include the division of powers between directors and shareholders, the composition and operation of the board of directors, matters relating to the holding and conduct of directors’ and shareholders’ meetings, and provisions relating to the transfer of shares. and must include evidence identifying the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. and their presumed location.

If the court is satisfied that you have delivered the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. and claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the defendant, and that the relevant time for the defendant to provide an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. or defence has expired, then the court will give judgment against the defendant and give orders (formal commands) for damages An sum of money ordered by a court to be paid to a person as compensation for loss or injury. or other remedies. It may do this by having a hearing, which you and the defendant will be notified of, or without a hearing. If no hearing is scheduled, you may be asked to provide your arguments in writing and then a written judgment will be sent to you and the defendant.

If you concede that what is claimed is true, you must 'admit' the claim. You can do this by filling in Form 9A or Form 9C (depending on whether the claim is for a specified amount of money or an unspecified amount of money) and sending it to the claimant's address. Both forms will be included in the response pack that the claimant will send you (see Q&A 67).

For claims that are for an unspecified amount of money, you will have an option on the form to choose an amount that you think you should pay to satisfy the claim (and pay this immediately or at a later date), or to indicate that you want the court to decide the amount.

For claims of a specified amount (ie the claimant asks for a specific amount of money on their claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.), you will have the option on the form to admit the full claim (and pay in instalments), or admit some of the claim and defend some (see Q&A 69).

See Q&A 71 for the deadline by which you must respond to the claim.

If the claim is for a specified amount of money and you think some of the claimant's claim is true, but not all of it (eg perhaps you think you should pay some money, but not the whole amount they are claiming), you can admit part of the claim and defend part of the claim.

You can do this by selecting on Form 9A the amount that you admit and then also completing the defence Form 9B stating how much you dispute and giving reasons why. See Q&A 70 for more information on how to defend your claim.

Both forms will be included in the response pack the claimant sends you (see Q&A 67) and, once completed, should be sent to the court.

See Q&A 71 for the deadline by which you must respond to the claim.

How you defend a claim brought against your business depends on whether the claim brought against you is for a specified amount of money, an unspecified amount of money or something other than money:

1. If the claim is for a specified amount of money (ie the claimant asks for a specific amount of money on their claim formThe official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.), then you need to fill in Form 9B (which will be included in the response pack the claimant sends you, see Q&A 67) and send it to the court;

2. If the claim is for an unspecified amount of money or something other than money, then you need to fill in Form 9D (which will be included in the response pack the claimant sends you, see Q&A 67) and send it to the court.

See Q&A 71 for information on the deadline by which you must defend the claim.

However you choose to respond, you need to do so within 14 days of the deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. of the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. (see Q&A 58 for how to work out the deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. ), or ask for a time extension (see Q&A 73), otherwise the claimant can apply to the court for default judgmentA judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).

See Q&A 72 for information on what your defence response should contain.

The defence must provide a comprehensive response to the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.. In respect of each allegation the claimant makes, you should state whether you admit it, deny it, or, where you have no knowledge of the matter, that you require the claimant to prove it. You must state your reasons for denying any allegation. If you wish to put forward a different version of events from that given by the claimant, you must state this. Moreover, if you fail to deal with an allegation, you will be taken to have admitted it.

In both forms N9B and N9D, you will have the option to make a counterclaimA claim made by a defendant against a claimant. (ie to bring your own claim against the person claiming against you). You might want to bring a counter claim, for example, where you think the trade markA distinctive sign used by a business to distinguish its goods and/or services from those sold by another business. the claimant is asserting is invalid or should be revoked. However, if you make a counterclaimA claim made by a defendant against a claimant. , you will have to pay a court fee.

The defence and counterclaimA claim made by a defendant against a claimant. should normally be in the same document with the counterclaimA claim made by a defendant against a claimant. following on from the defence (eg if the last numbered paragraph of the defence is paragraph 5, the first numbered paragraph of the counterclaimA claim made by a defendant against a claimant. should be paragraph 6). The counterclaimA claim made by a defendant against a claimant. should be drafted as if it were a claim – see Q&A 48 and following for information on how to write particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form..

See Q&A 74 and following for what happens after you file a defence.

If you need more than 14 days to prepare your defence to the claim (see Q&A 71 for more information on the deadline), you can provide an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. to the court within the 14-day time limit. You must then provide your defence (and any counterclaimA claim made by a defendant against a claimant. ) to the claimant and the court:

1. within 42 days of deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. of the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., if these state that the claimant has complied with the Pre-Action Conduct Practice Direction; or

2. within 70 days of deemed service of the particulars of claimThe statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., if it does not contain the claimant's statement of compliance with the Pre-Action Conduct Practice Direction.

   See Q&A 58 for how to work out the deemed date of serviceThe day on which the law presumes legal documents arrive, regardless of whether they actually get there. In most cases, for documents posted first class, it is two business days after they were posted (regardless of whether they get there). For emails, faxes, or hand-deliveries sent before 4.30pm, it is the day of transfer - if it is a business day. After 4.30pm, or before 4.30pm on a non-business day, it is the next business day. and Q&A 46 for more information on the Pre-Action Conduct Practice Direction.

If you do not respond within this extended time limit you will be taken to have ignored the claim, and the claimant can apply for 'default judgmentA judgment given without a trial because the defendant has failed to respond properly to the case against them.' against you (ie judgment in their favour without any trial).

To provide an acknowledgment of serviceA document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. to the court, fill in Form N9and send it back to the court. The court will notify the claimant. This form should be in your response pack, with instructions on how to fill it in.

The court will propose to deal with the claim without a hearing and will give you a date by which to notify it if you agree with the proposal. You may accept such a proposal where, for example, you believe the documents speak for themselves and there is nothing additional you need to say in front of the judge. If you agree to this, the court will give a date by which the judge will give a written judgment.

When the court sends directions telling you what to do to prepare for the final hearing (see Q&A 74), it will set a timetable to provide the court and the other party copies of the documentary evidence that you intend to rely on at the hearing. The original documents should also be brought to the final hearing.

1. Expert evidence

   In practice, expert evidence is unlikely to be needed in most IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises. small claimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. and where a case does require substantial or complex expert evidence, it is unlikely to be suitable for the small claims trackThe procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). and will be re-allocated to the multi-trackThe procedure and timetabling used for legal claims which are too valuable or too complex to be small claims track, fast track or intermediate track claims. by the court. In such a situation, you should consider instructing a lawyer as a more complex process is involved. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

2. Witness evidence

   Witness statementsSigned written statements of a witness's evidence, including a statement from the witness that he believes that the facts in the statement are true., whether written or oral, may be relied on at the final hearing if the court permits it. Small claimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. hearings are informal, and the court need not take evidence on oath.

   In deciding whether to permit witness statementsSigned written statements of a witness's evidence, including a statement from the witness that he believes that the facts in the statement are true., the court will consider whether the parties are represented by lawyers, the value of the claim, what the claim is about, whether a party should be required to supply further information instead, and the need for the parties to have access to justice without undue formality, costs and delays.

   Note that the maximum amount that can be claimed for loss of earnings or leave by a witness for attending a hearing is £95 per day for each person. See Q&A 41 for more information on what costs can be claimed back.

Once you have filed your claim, it will be transferred to Manchester and case managed by District Judges in the Manchester Civil Justice Centre. Unless you apply for, and are granted, the right to have your claim transferred outside of Manchester, your claim will be heard either in person in Manchester or by video link with the Manchester court. You can apply to have your claim transferred from Manchester to Bristol, Birmingham, London, Cardiff, Leeds, Liverpool or Newcastle.

If you have queries about filing your claim in London, the contact details are: Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL, DX 44450 STRAND, Tel: 020 7947 7387/6187, Fax: 0870 761 7695, Email: ipecsmallclaimstrack@hmcts.gsi.gov.uk. If you have queries about electronic filing in other Business and Property Courts throughout England, you can contact EfileSupport@justice.gov.ukUnited Kingdom of Great Britain and Northern Ireland.

The hearing will take place in a court room and will be audio recorded. You can apply for a full transcript of the hearing on payment of a fee. Indeed, it might be advisable that you do so given that most judgments are given orally, rather than in writing – see Q&A 84. You are not allowed to make a recording of the proceedings yourself.

No, the hearing will be open to the public unless the judge has decided that it should be held in private, either because the parties have agreed that it should or because there is some other reason that makes a private hearing appropriate (eg a private hearing is necessary to protect the interests of a child or a protected party, or if confidential information is involved and publicity would damage that confidentiality).

Yes. Parties are encouraged to contact each other to try and settle the case or to narrow the issues between them as much as possible.

After a claim has been issued, you may wish to use the Small ClaimsA relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. MediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service provided by HM Courts & Tribunals Service. It is free and will be conducted by telephone. You can also mediateA voluntary and confidential form of dispute resolution. It involves an independent, impartial person helping two or more individuals or groups reach a solution that is acceptable to everyone. through the mediatorAn independent, impartial person who helps two or more individuals or groups reach a mutually acceptable solution to a legal dispute in a process called mediation. without speaking to one another. The mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. appointment is limited to one hour, is confidential and can be done any time up to ten working days before the final hearing. If mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. is unsuccessful then your claim will continue to a final hearing.

Even if you do not take advantage of the MediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service, you can settle at any time before the judgment is handed down.

You should immediately notify the court in writing if you are settling. If the claimant (who is responsible for paying the hearing fee) notifies the court of the settlement in writing at least seven days before the hearing, they will be entitled to a refund of the hearing fee. Note however that the court will not remove a hearing from the list until it is satisfied that both parties have agreed to the settlement. To demonstrate this, you could send separate letters to the court, or one signed by both parties to the dispute. The letter should also state what you have agreed regarding the payment of costs.

You can request the court to make a court orderA command made by a court or a judge which requires a person to do or not do something. , known as a consent orderAn agreement worked out between two or more parties to a dispute. It can be enforced by the court if anyone does not comply with the order. , setting out the terms of your settlement. The benefit of doing this is that the agreement can then be enforced by the court if one party breachesViolations of a legal or moral obligation. it – see Q&A 86 for more information on enforcement of judgments.

To do this, you may send the court a draft consent orderAn agreement worked out between two or more parties to a dispute. It can be enforced by the court if anyone does not comply with the order. expressed as being 'by consent', or a letter containing all the relevant information, in each case signed by both parties. Alternatively, each party may send to the court a signed letter containing the same terms of agreement.

A case may also be ended by the claimant discontinuing the claim.

As seen in Q&A 74, you will receive a 'Notice of Allocation' telling you where and when your court hearing is. Ensure that you make a note of the date and time of your hearing.

The Notice of Allocation will also set out directions telling you what you should do before the hearing. You must comply with all of the directions or the court may adjourn (postpone) the case and order you to pay costs.

If you are the claimant, you must ensure that you pay the hearing fee by the date specified or your claim will be struck out (discontinued) – see Q&A 40.

However, you should still consider settling the case at this stage. Provided the court is told about the settlement seven days before the hearing, your hearing fee will be refunded – see Q&A 79 for more information on settling the claim.

Finally, you should collect all your notes, paperwork and evidence in an organised folder before the hearing so that you can turn to a particular page quickly in court. Ensure that you arrive in good time.

If you wish to claim any expenses, you should bring a note of how much you are claiming. If you wish to claim for loss of earnings, bring with you a letter from your employerA person or business hiring one or more staff members.. See Q&A 41 for more information on what costs may be claimed back.

The judge will ask most of the questions but come prepared to answer them and make a note in advance of what questions you wish to ask your opponent. It may be useful to bring pen and paper.

You will be expected to attend the final hearing. However, the court has the power to postpone a hearing where a party, for good reason, cannot attend.

If you are unable to attend and do not wish to have the hearing postponed, you should notify the court and the other party by writing at least seven days before the final hearing. In your written notice, you should request that the court decide the claim in your absence and confirm that all documents sent to the court, on which you wish to rely, have been provided to the other party. Provided the right notice is given, when deciding on the claim the court will take into consideration any documents which you have given to the court and to your opponent.

If you are the claimant and you fail to attend the final hearing without giving the required written notice, the court may strike out (delete) your claim.

If you are the defendant and you fail to attend the final hearing without giving the required written notice, then provided the claimant either attends or has given the required written notice, the court may decide the claim based solely on the claimant’s evidence.

If neither party attends nor gives the required written notice, the court may strike out (delete) the proceedings altogether.

If you did not attend the hearing and did not notify the court in writing, you may apply for an order that any judgment the court had made be disregarded and that the claim be re-heard. However, you must apply within 14 days from the date on which you received the judgment. Note that the court will only grant such an application if you had a good reason for not attending and for failing to give written notice, and if you have a reasonable prospect of success at the re-hearing of the claim.

The hearing is informal, with the court having a wide discretion to conduct the proceedings in whatever manner it considers to be fair.

The judge may start by asking questions straight away, or they may give you and the other party an opportunity to briefly summarise your cases first. Ultimately, it depends on the particular judge who is hearing your case.

There is no official dress code for you, but you should dress smartly, present yourself well, and try and give a good impression to the judge. You should also address the judge as 'Judge'.

The judge will normally give a decision orally, rather than a written judgment at a later date. Although they must give reasons, these need not be lengthy; they may be as brief and as simple as the subject matter of the case permits. The reasons will normally be given orally at the hearing, but the court may schedule a later hearing where the judge will give their decision and reasons, whether orally or in writing.

Where all parties have agreed to the case being decided based on the documents alone without a hearing, or if one or both parties are absent where the required written notice has been given (see Q&A 82), the court will give its reasons for the decision in writing and send a copy to each party.

At the final hearing, the court will also deal with the question of costs so be ready to discuss this. There are only very limited circumstances in which the court will order one party to contribute to the costs of another – see Q&A 41.

After the court gives an order in your favour, the other party normally has 14 days from the date of the hearing to comply with it (eg make a payment to you). If they fail to do so, there are several ways of enforcing a judgment. The options available to you will depend on whether:

1. you are seeking to enforce a money judgment (ie the defendant was ordered to pay you a certain amount of money) (see Q&A 87); or

2. you are seeking to enforce a non-money judgment (eg the defendant was ordered to destroy certain offending goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.) (see Q&A 93).

Your options for enforcing a money judgment are as follows:

1. taking control of goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. (see Q&A 88);

2. obtaining a charging order (see Q&A 89);

3. third party debt orderA court order requiring someone who owes a debtor money to pay it to his creditor instead. Usually, these orders require a bank or building society to pay money to a creditor of the account holder. (see Q&A 90);

4. statutory demandA formal, written demand for payment that can be sent to a debtor without going to court and without paying any kind of court fee. (see Q&A 91); or

5. applying for goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. to be sequestered (see Q&A 92).

If you are owed at least £600, you can apply to the High CourtA court for claims between individuals or companies. It can hear high-value claims for the first time, or appeals against most claims that have already been heard in the County Court. for a 'writ of control' . This procedure allows an enforcement officerIn a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. to seize the defendant's goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items., sell them and then pay you the proceeds.

If you decide to issue such a writ, you will first need to request a 'certificate of judgment' by completing part 1 of Form N293A and sending it back to the court where the judgment was made.

Overall, this method of enforcement will be most useful where the debtor is not employed and does not have substantial assets or savings, but does have some valuable goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items..

However, note that the process to obtain a writ of control in the High CourtA court for claims between individuals or companies. It can hear high-value claims for the first time, or appeals against most claims that have already been heard in the County Court. can be complicated and expensive and in most cases would not be cost-effective. You should therefore consider one of the alternative options set out in Q&A 89 and following.

A judgment debt may be enforced by securing a charge over the judgment debtor's land or securities.

This is an order where the court places a 'charge' on the debtor’s property – eg a house, a piece of land or stocks and sharesShares in the capital of a company (sometimes also referred to as stock, for example in relation to US companies). Shares in a company give to the holders, known as shareholders, rights in relation to that company such as to vote, to receive dividends and to a return of capital. Holders of shares in a company own that company and the company, not its shareholders, owns the company's assets. . The charge will be the amount you are owed. The charging order will not normally get you your money immediately, but it may safeguard your money for the future, as if the property which is subject to the charge is sold, the charge usually has to be paid first before any of the proceeds of the sale can be given to the purchaser. You should note, however, that a charging order does not compel the debtor to sell the subject of the charge.

To apply for a charging order on land or property you must complete Form N379 and pay a fee of £135. You will need to submit an official copy of the Land RegisterThe official record of all registered properties, run by the Land Registry. entry(ies) for the title(s). If you are seeking a charging order against stocks and sharesShares in the capital of a company (sometimes also referred to as stock, for example in relation to US companies). Shares in a company give to the holders, known as shareholders, rights in relation to that company such as to vote, to receive dividends and to a return of capital. Holders of shares in a company own that company and the company, not its shareholders, owns the company's assets. , or money in court, you must complete Form N380.

See Q&A 90 and following for alternative enforcement options.

This order forces a third partyA person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract. to freeze the defendant's money if the third partyA person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract. holds or owes money to the defendant. The court will then decide whether that money should be paid to you. It is most commonly used against banks.

To apply for this order, fill in and send Form N349, and pay £135 to the IPECThe Intellectual Property Enterprise Court, also known as IPEC, hears intellectual property disputes. It is designed for shorter and less valuable claims by small and medium sized enterprises..

This method of enforcement will be most useful where the debtor is not employed and does not have substantial goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or assets, but does have savings.

See Q&A 89, Q&A 91 and Q&A 92 for alternative enforcement options.

If you are owed money by a companyA private company limited by shares incorporated and registered in England and Wales. or individual as a result of a money judgment, and the companyA private company limited by shares incorporated and registered in England and Wales. or individual does not pay you within the date specified on the court orderA command made by a court or a judge which requires a person to do or not do something. (or within 14 days if no date is specified on the order), you can make a statutory demandA formal, written demand for payment that can be sent to a debtor without going to court and without paying any kind of court fee. for the money. A statutory demandA formal, written demand for payment that can be sent to a debtor without going to court and without paying any kind of court fee. is a formal, written demand for payment of a debt that you can send to your debtor without going to court and without paying any kind of court fee. However, note that if the debtor owes you less than £5,000 and is an individual, or owes you less than £750 and is a companyA private company limited by shares incorporated and registered in England and Wales. , the statutory demandA formal, written demand for payment that can be sent to a debtor without going to court and without paying any kind of court fee. is likely to be ignored because you will not be able to bring bankruptcyBankruptcy is a legal status of a person or other entity that cannot repay debts to creditors. Bankruptcy is imposed by a court order, often initiated by the debtor. or winding upThe process whereby a company is closed. Its assets are sold to pay off creditors and other expenses. Anything remaining is distributed to the shareholders of the company. proceedings if the debtor fails to pay you.

To demand payment of a money judgment from a companyA private company limited by shares incorporated and registered in England and Wales. , use Form SD1. To demand payment of a money judgment from an individual, use Form SD4. Guidance on how to complete the forms can be found at Step-by-step guide to form SD1 and Step-by-step guide to form SD4. There are certain ways you must serveTo deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. (deliver) the statutory demandA formal, written demand for payment that can be sent to a debtor without going to court and without paying any kind of court fee. to the debtor in order for the demand to be valid – see Enforcing a judgment debt for further information.

After being servedDelivered or sent documents to someone for use in court proceedings in a way that complies with court rules. with a statutory demandA formal, written demand for payment that can be sent to a debtor without going to court and without paying any kind of court fee., the debtor must pay you in full or otherwise secure the amount to your satisfaction within three weeks, or take necessary steps to challenge the demand. For further guidance on how statutory demands may be challenged, see Complaints and demands.

If the debtor does not pay or challenge the demand, and owes you more than a certain amount, you may apply to bankruptBankruptcy is a legal status of a person or other entity that cannot repay debts to creditors. Bankruptcy is imposed by a court order, often initiated by the debtor. the debtor (in the case of an individual) or wind upThe process whereby a company is closed. Its assets are sold to pay off creditors and other expenses. Anything remaining is distributed to the shareholders of the company. the debtor (in the case of a companyA private company limited by shares incorporated and registered in England and Wales. ). If you wish to do so, you should instruct a lawyer. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service. You must be owed at least £5,000 to be able to apply to make a person bankruptBankruptcy is a legal status of a person or other entity that cannot repay debts to creditors. Bankruptcy is imposed by a court order, often initiated by the debtor., and at least £750 to be able to apply to wind upThe process whereby a company is closed. Its assets are sold to pay off creditors and other expenses. Anything remaining is distributed to the shareholders of the company. a companyA private company limited by shares incorporated and registered in England and Wales. . Note that full coverage of insolvencyThe inability to pay debts as they become due. proceedings is currently outside the scope of this service.

See Q&A 89, Q&A 90 and Q&A 92 for alternative enforcement options. You could also consider mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. (where an impartial person acts as a referee between you and your debtor to try to resolve your dispute) which is usually cheaper than hiring a lawyer and taking court action. You can find mediationA voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. providers on the Ministry of Justice website.

If the defendant does not comply with the judgment, you can apply for a ‘writ of sequestration’ to enforce the judgment against the defendant’s property.

The effect of a writ of sequestration is to place, for a temporary period, the property in question into your hands, and you will manage the property and receive any rents and profits.

However, you must first apply for permission to the court where the claim was started by providing the court with (and delivering to the other party) Form N244.

The remedy of sequestration is a drastic remedy and will only be ordered in the most serious and clear cases.

See Q&A 89 and following for alternative enforcement options.

Your options for enforcing a non-money judgment are as follows:

1. recovering the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. (see Q&A 94); or

2. applying for the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. to be sequestered (see Q&A 95).

Where the court issued a judgment that the defendant should deliver goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. to you without giving him the option to pay the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.' assessed value, if the defendant fails to do so you can apply for a 'writ of delivery to recover the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. without alternative provision for recovery of the assessed value of those goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.' (also known as a writ of specific delivery) to recover the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items..

An application for this should be sent to the Court where your claim was started and also servedDelivered or sent documents to someone for use in court proceedings in a way that complies with court rules. on the defendant. You can request the court to issue this writ using Form PF90A. However, first you should file an application notice using Form N244 and serveTo deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. it on the defendant. This should state the order that you are seeking and briefly state why.

If the judgment gave the defendant the option to pay the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items.' assessed value, unless you have obtained the permission of the court for this option, you must apply for a separate 'writ of delivery to recover the goodsPhysical items being sold. Distinguished from digital content and services, neither of which are physical items. or their assessed value'. You can request the court to issue this writ using Form PF90B.

Note that you will have to pay a fee of £80 for either writ.

See Q&A 95 for an alternative enforcement option.

If the defendant does not comply with the judgment, you can apply for a 'writ of sequestration' to enforce the judgment against the defendant's property.

The effect of a writ of sequestration is to place, for a temporary period, the property in question into your hands, and you will manage the property and receive the rents and profits.

However, you must first apply for permission to the court where the claim was started by filing with the court (and serving on the other party) Form N244.

The remedy of sequestration is a drastic remedy and will only be ordered in the most serious and clear cases.

See Q&A 94 for an alternative enforcement option.