header-logo header-logo

27 June 2013 / David Hertzell
Issue: 7566 / Categories: Opinion , Intellectual property
printer mail-detail

Beating the bullies

157580470

David Hertzell & Julia Jarzabkowski aim to fend off groundless IP threats

Intellectual property rights are valuable and support economic growth by encouraging and rewarding innovation. For many businesses, patents, trade marks and design rights can be among their most important assets. Their worth, however, is undermined through unauthorised use and so a robust response to infringement makes good business sense. But threats to sue can be misused. A threat may be made, not with the intention of protecting an IP right, but as a means to damage a competitor.

Threats of infringement proceedings have a pernicious effect because IP litigation can be complex, disruptive and expensive, as the global battle between Apple and Samsung confirms. If a threat is made to the trade source of an infringement, such as a manufacturer or importer, they may be more likely to stand their ground as they may have more invested in the product or process. That isn’t the case with retailers or customers. If threatened, the mere prospect of litigation can be enough to change their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll