Pre-Litigation Measures: Mitigating Disputes
Manufacturers must have a clear grasp of what IP assets they have and how these are protected. Manufacturers should conduct regular IP portfolio audits to identify vulnerabilities and implement measures to strengthen their position. That might include reviewing contracts with employees or suppliers to ascertain what provisions are in place to protect IP and confidential information and whether these can be updated.
Registering IP: Strengthening Your Position
Certain IP rights are registerable, and manufacturers should capitalise on the added protection that they afford. For instance, whilst an unregistered trademark is enforceable regarding a claim for passing, a validly registered trademark offers UK-wide protection and is generally easier to evidence and enforce.
Litigation Preparedness: Taking Swift and Decisive Action
Preparation for litigation involves close collaboration with specialist IP lawyers to gather evidence, understand court procedures, and navigate the nuances of IP litigation. Taking immediate steps to enforce IP rights is crucial since taking no action or delaying matters could give rise to defences of waiver and/or implied consent, which could defeat infringement claims.