Infringements of IP Rights

Can you prove an infringement?

This is a threshold issue that should be considered before any infringement action is taken, whether it involves legal proceedings or not.

Failing to determine realistic prospects of proving infringement can have serious consequences. For example, if a threat of infringement is made which cannot be proved it may be deemed a 'groundless threat' of IP infringement.

Under each of the Copyright Act 1968, Patents Act 1990, Trade Marks Act, Designs Act 1906 and Circuit Layouts Act 1989, groundless threats are prohibited and can result in liability for damages to any person affected by the groundless threat.

It is always worth involving your lawyer in any decision to make an allegation of infringement of IP rights.