Intellectual Property Lawsuit (IP Lawsuit)

An intellectual Property (IP) Lawsuit occurs due to infringement of intellectual property rights. 

Whenever someone's intellectual property is used, copied, sold or distributed without permission, they may have the right to commence legal action against the offending party. 

An IP lawsuit may involve you as the IP owner protecting your rights or potentially you could find yourself defending against claims of infringing behaviour on someone else's IP. 

Does Infringement Always Lead To An IP Lawsuit?

No, instances of IP infringement do not automatically mean that a lawsuit is required to find a resolution. 

Before litigation, it is recommended to send a Cease and Desist letter demanding an immediate stop to the behaviour. The Cease and Desist letter also sets out what a suitable resolution would be for the rights holder.

If no valid response is provided or the behaviour continues, this is when legal action is likely to be necessary. The decision of whether to pursue the offender through court action remains with the IP owner at all times. 

Who Can Represent You In An IP Lawsuit?

Just as there are specialist lawyers for divorce law or immigration law, for example, there are also lawyers whose expertise is in IP law. 

An IP litigator is highly skilled in all aspects of IP legislation and is qualified to represent your interests in court. They are also able to assist with the drafting of Cease and Desist letters, the establishment of IP ownership and measures for the ongoing protection of your IP. 

Engaging an IP attorney early on can help you avoid costly and time-consuming court battles and ensure your IP is properly protected from infringing behaviour.

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