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02 June 2011 / Thayne Forbes , Michael Edenborough KC
Issue: 7468 / Categories: Features , Intellectual property
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Intelligent litigation

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How can litigation be used to protect IP rights? Michael Edenborough QC & Thayne Forbes explain

IN BRIEF

  • Ensure you know the true value behind intangible assets, such as intellectual property, goodwill and brand value, before entering into a commercial deal.
  • IP’s role and prominence in business is mirrored by its role and prominence in litigation: valuation of IP is often a contentious issue. 
  • When defending the business value held in IP assets, the process used to assess litigation should not be any different to the process used before entering a new market, launching a new product or making an acquisition.

The role of intellectual property has become increasingly significant both in commercial transactions and disputes. IP rights are not only highly valuable but are also complex legally. Litigation is an important part of a commercial toolbox for managing IP rights to optimise their value, and there are many legitimate ways in which it is used.  

Role of IP in commercial deals

Many commercial deals involve IP to some

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MOVERS & SHAKERS

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
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