Intellectual property (IP) rights comprise very many important rights including copyright, trademarks, patents and registered designs.
According to a baseline survey by the Intellectual Property Office (an arm of the Department of Business Innovation and Skills):
- 96% of UK businesses do not know the value of their IP rights
- only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent
- 74% of businesses could not correctly identify the owner of copyright when using a subcontractor
- only 4% of businesses have an IP policy
In reality, IP rights are often the most valuable asset that a business possesses.
Kerseys’ Dispute Resolution team has conducted many cases on behalf of businesses whose IP rights have been infringed, including defending businesses facing claims of infringement.
Recent examples are:
- acting for a client whose database was copied by an ex-director
- defending a company which was accused of using a domain name which although lawfully registered ‘passed off’ their business as the claimant’s
- obtaining injunction to stop breach of copyright as well as confidentiality infringement
Similarly, effective IT systems are crucial to most businesses today. Kerseys’ Dispute Resolution team has conducted a number of cases relating to IT contracts, including pursuing claims for failure to perform or meet expectations on behalf of business customers against contractors and defending contractors against such claims.