Protecting IP

Our IP Protection team draws on its extensive international legal experience to recommend and manage external lawyers in private practice both within the UK and overseas to provide legal advice to protect our client’s IP. We provide the following services.

IP Litigation Management

Litigation is expensive, stressful and uncertain, particularly where it is conducted on a cross-border basis where there may be unfamiliarity with different legal systems and their cultures.

  • We provide our clients with a litigation support service to manage their IP disputes and litigation.
  • We will identify, recommend and work with the best lawyers on your behalf to take litigation forward if necessary and preferably to avoid it.
  • We are accustomed to managing all aspects of the relationship with external lawyers to enable the client to do what they do best without the distraction of litigation, namely running their business.
  • We help clients to identify the right strategy to initiate or defend actions from cost benefit assessment of early settlement to defending actions from start to finish.
  • We will also, if requested to do so, negotiate and agree all terms of engagement letters with external lawyers and closely examine their costs for you to ensure that you are not overcharged.
  • We have excellent links with third party litigation funders and insurance companies and if necessary we can assist in obtaining IP insurance or help you to obtain funding to commence or defend legal proceedings.

IP mediation services

Many IP disputes are best resolved through mediation rather than litigation. We have considerable experience of acting as mediators in IP disputes and can also represent you at a mediation should you wish. Our training as mediators gives us a particular advantage when representing you at a mediation.

IP Third Party Funding

Too often parties to IP disputes are unable to protect, enforce or defend their position because of a lack of funds.

  • We can assist you to obtain litigation funding to provide finance for all or part of your legal costs involved in litigation and in so doing enable good cases to proceed where there would otherwise be limitations to their budget.
  • We have excellent relationships with organisations that provide litigation funding for IP disputes
  • We can help you to obtain what you need at the best price.

IP Insurance

We can help you to obtain low cost IP insurance from approved and regulated brokers to enable you to enforce and protect certain IP rights in certain conditions.

IP After the event insurance

IP dispute resolution can often be uncertain and cases are rarely cut and dried.

  • We assist our clients to obtain after the event insurance to protect them from having to pay the legal costs of their opponents in the event that they lose at court.
  • We have excellent relationships with the best providers of these services and this will help us to secure for our clients the most appropriate policy at the best price.

Professional fees costs review

Many of our clients find it hard or embarrassing to challenge the costs of their external professional advisers never more so than where there is litigation.

  • We can be your partner in managing your costs and provide a specialist team to manage your legal risk and to control your external legal costs.
  • We can manage these relationships for you and keep your external legal costs under control allowing you to focus on running your business and retaining your existing relationship with your external advisers.
  • We know the marketplace, so you can rely on receiving astute and accurate input into the management of your legal risk.
  • We can remain instructed by you on legal matters to provide a watching brief over your external lawyers without them even knowing about it or you having to replace them

IP Anti-Piracy Strategy

Companies rich in IP are regular victims from commercial competitors and organised criminals who see opportunities to create cheaper and inferior copy-cat products and services. They are able to do so because their business model does not include the payment of taxes, capital investment, R&D costs and /or the use of inferior materials. All of these ensure that there is an uneven playing field.

  • We provide advice, guidance and support on anti-piracy investigations and prosecutions to UK and international organisations concerned to defend and protect their IP from counterfeiting and piracy whether this takes place through the internet or in the physical market-place.
  • We have more than 20 years’ experience of working with statutory enforcement bodies to ensure that our clients’ concerns are swiftly and effectively dealt with leading to the cessation and disruption of the infringing behaviour and possibly the prosecution of those involved in it.
  • We can manage and co-ordinate for you an effective anti-counterfeiting strategy involving swift, decisive and joined up action by a team of experts drawn from areas such as legal, forensic examination, and physical product and internet investigators.
  • We can draw upon the excellent relationships cultivated over two decades of working within the anti-piracy field whether as IP advisers to Government, conducting joint operations with the statutory enforcement bodies or devising anti-counterfeiting strategies with the major brands to provide the most appropriate advice and guidance to you.

IP Corporate Investigations

We offer discrete, reliable and targeted corporate investigations in the IP field. We work together with our trusted investigators to offer the following services

  • Pre-litigation status reports
  • Corporate Intelligence at all stages of the litigation process
  • IP and anti-counterfeiting investigations
  • Brand protection investigations

International Capabilities

We have many years experience of providing IP litigation management services internationally and regularly work with IP experts and specialist lawyers in:

  • The EU
  • The US (both East and West coasts)
  • Canada
  • India
  • China
  • Russia
  • Australia

Internet monitoring

Over the last decade the struggle against counterfeiting and piracy has migrated from the physical arena to the online arena.

  • We can manage the daily monitoring of the internet to identify and if necessary take action against websites or adverts selling products that counterfeit or pirate your intellectual property rights.
  • We can, where necessary, arrange for the immediate provision of a notice and take-down communication to the infringer or the Internet Service Provider

How we charge for IP Protection

We seek to be flexible in how we charge and where possible aim to offer our clients a number of options on how they pay for our services. We expect that the fee paid to us should reflect the added value that we bring to a business through our consultancy services rather than be based on the cost that we incur in providing that service to you.

You can pay us for our IP Protection services either at our normal hourly rate, or where appropriate at a fixed fee or if you prefer by way of a monthly retainer. Further details of all of these options are set out in the section below entitled “Our terms of business”.