Letter of Demand

Similar to a Cease & Desist letter, a Letter of Demand is a document that can be sent to an individual or business that is infringing on your IP rights. 

A Letter of Demand can be used as a precursor to more serious legal action. It allows the infringing party to stop the behaviour and resolve the issue without the added expense or stress of court proceedings. 

What Is Included In A Letter Of Demand? 

Before sending a Letter of Demand, it is important to check a few key points and ensure you are legally correct in your allegations. You will need to:

  • Confirm and identify yourself as the owner of the IP in question. You should be recorded as the owner on the IP register. This proves your right to issue the demands. 
  • Ensure you have documented proof of the infringing behaviour.
  • Specify how the infringement infringes your registered IP and specify which sections of the legislation apply. 
  • Outline a timeframe in which you expect the behaviour to stop. 
  • Outline what you want to happen. Remedies could include:
    • a claim for compensation in the form of an account of profits or damages suffered;
    • the delivery up of infringing goods for destruction;
    • the infringers making an assurance that further infringement will not happen. 
  • Outline what will occur if the demands are not met. This will most often be an indication that legal proceedings will commence with no further communication beforehand. 

Do You Have To Send A Letter Of Demand?

No, in some cases, a Letter of Demand may allow the infringer to hide evidence and become more covert in their behaviour rather than cease it. 

Speaking with an IP Lawyer or a Patent Attorney is recommended as they are best positioned to advise on the correct steps to be used. They are also experts at drafting these types of letters and achieving desired outcomes.

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