Infringements of IP Rights

Is it too late?

All IP rights must be exercised within six years of the infringement taking place.

If the action for alleged infringement is not taken during this time, the rights of the owner will have been lost under the limitation statutes.

Some additional procedural rights, such as the right to apply to a court for an injunction, must be exercised much more quickly. A court is likely to refuse to grant an owner of IP rights to an injunction where the owner has not started court proceedings quickly enough after becoming aware of the infringement.

There are practical advantages for an owner of IP rights to bring an infringement action quickly, such as the benefit of surprise and the easier preparation of evidence, while documents and witnesses are more readily available.