Overview
A survey by Norton Rose Fulbright in 2025 found that 25% of businesses had more intellectual property disputes in the past year, and 26% expect more in 2025. Almost half said they were more likely to be sued for patent or trade secret violations.
Intellectual property (IP) is important for protecting your original works, like a brand logo, a new product, a piece of writing, or software code. What happens if someone uses your work without asking?
Addressing this issue requires you to know what IP infringement is. IP infringement happens when someone uses your protected work, like a trademark, patent, copyright, or trade secret, without your permission. A breach of intellectual property indicates that someone bypasses your exclusive rights to a product or invention.
This article covers documenting the violation, contacting an attorney, and seeking legal remedies to protect your rights and how to enforce them in today’s competitive market.
Understand Your Intellectual Property Rights
If you are familiar with copyrights, trademarks, and patents, you will be capable of defending your own. Copyright is the protection used for things like books, music, or anything original. Trademarks protect brand names and logos. For a limited time, patents protect the rights of an inventor in their invention.
When you use this information, it will help you avoid any surprises. Knowing your rights will help you get grants for your problems.
Knowledge of intellectual property rights protects your work in a world where there is a lot of competition. Recognizing what is covered by your intellectual property rights is your first line of defense against unauthorized use of your invention or product.
Gather Evidence of Infringement
If you need to prove that somebody is infringing on your intellectual property, obtain convincing evidence.
Now start taking notes whenever the law is broken. Take screenshots, save the web pages, and duplicate any important documents. Keep track of the dates and what happened to cause the breach.
If you can, get the testimony of any witnesses who could support your claims. This kind of material would make a clear timeline that shows how serious the violation was.
Acquire any emails, messages, or other correspondences related to the infringement. This way of putting the case together will strengthen your case and give you a further step in preparing for the legal action that has to be taken.
Determine Your Response Options
After obtaining sufficient proof of a violation, it is time to think about the possible actions.
- The first option is an informal or more formal settlement. Contact the violator to negotiate an early settlement.
- The second is mediation. A neutral third party assists both sides in reaching an agreement.
- If the first two options fail, then you can proceed with utilizing legal remedies, such as a lawsuit.
All these options have positive and negative aspects, so consider carefully your goals and the time and money that each could require.
Send a Cease and Desist Letter
Suppose you even remotely thought about litigation for infringement. In that case, the most critical action to take is to send a cease and desist letter, commanding the infringer to halt unauthorized use of your IP rights, specifying to them all your rights.
Give the information about the violation, such as the IP address and the kind of infringement. Be nice but firm, and give them a reasonable time to act.
Keep a copy with your records because you might need it later. Your letter will serve as a formal warning and help you stand up for your rights while the issue is worked out outside of court.
Consider Legal Action if Necessary
When the cease-and-desist letter fails, then you’d have to proceed to court.
Always consider the case’s merits and gather all your evidence beforehand. This may include papers, correspondence, and other interesting bits of evidence that demonstrate how the offender committed a breach of your rights.
A lawyer will then guide you in the legal procedure and options available to you.
It’s best if you get a lawyer who will guide you through the legal process and help you make decisions.
Remember, going through a court process will be the fastest but most expensive option, so try to weigh out what gains will be worth the losses.
In any case, the protection of your intellectual property is vital for your business, and often this means taking your property rights to court.
