Understand what to do if you discover someone is using your intellectual property (IP) without permission or someone claims you have used theirs. Gather evidence to support your case and understand how to resolve an IP dispute.
You may have an IP dispute if someone:
Someone who seems to have copied your business's products, services, processes or identity has not always infringed your IP rights. They may hold a similar trade mark in a different use class or may be using your work in a way permitted by copyright exceptions.
Before you contact another business or respond to a complaint, gather as much information as you can, including:
Keep copies of all communications and any deadlines the other party provides.
Check if there is an IP centre at a nearby library who can provide you with initial advice.
Some disputes can be resolved directly, while you may need specialist legal support for others.
If you suspect someone is infringing your IP or impersonating you, resist the urge to make public accusations or contact that person’s customers, suppliers or followers. Try to resolve the issue with the person directly and seek professional advice if this does not resolve the issue.
Try to resolve the matter directly with the person who is using your IP or who has accused your business of IP infringement. Provide evidence to support your position and try to come to an agreement.
Keep records of all communication.
If your dispute relates to an online platform, such as a marketplace or social network, report the issues to the platform. Many have specific processes and teams for dealing with IP issues.
Gather any evidence you have to support your position and keep a record of when you raised the issue and what you said.
If you are unable to resolve the issue yourself, you may need specialist help, such as mediation or legal advice.
You may need additional, expert support if your dispute relates to use of your intellectual property outside the UK.
