Effective Enforcement

Effective Enforcement

How you protect your IP can be as important as protecting it. We put your reputation and strategic goals first when dealing with infringers, taking an approach that is not only firm and resolute, but likely to generate the best outcome for you.

We can provide you with effective and tested policies and procedures for policing infringement and enforcing your IP rights.

Example:

A, a major chemicals manufacturer, was concerned that B was about to launch a parallel import of A’s patented pesticide. Furthermore, A suspected that B’s product was counterfeit. We drew upon our legal and scientific expertise to advise A on the best methods for obtaining the necessary evidence to bring successful proceedings against B. Proceedings were commenced and we were able to destroy the credibility of B’s experimental data, as well as producing our own robust data, which prompted B to settle without a trial.

Shortly afterwards, A discovered that B was selling products which infringed another of A’s patents. We were able to obtain an innovative and commercial settlement for A, imposing substantial incentives on B not to infringe any of A’s patents in the future. This also sent out a strong signal to the rest of the industry to steer clear of infringing A’s patents.

See Case Study

Example:

Our client, BASF, discovered that a number of Chinese chemical manufacturers were planning to offer for sale, at the world’s largest agrochemical conference, products that infringed BASF patents. BASF wished to obtain injunctions requiring those companies to stop offering the relevant products and to remove all references to them from their brochures. Speed was essential as the conference lasted only 3 days. We therefore obtained as much advance evidence as possible of the infringing companies activities. We also prepared in advance all the evidence relating to the patents in issue and the potential damage that would be suffered as a result of the expected infringement. During the conference, acting in conjunction with a Scottish law firm (owing to the location of the conference), we successfully obtained injunctions against 19 different companies and the action was reported by a number of media organisations, including BBC Radio and The Financial Times.

See Case Study