IPR Lifespan®

IPR Lifespan®

At Kempner & Partners, we cover the whole IPR Lifespan® from initial identification and protection of intellectual property rights, through generating income by use, sale or licensing, to enforcement and defending actions by third parties. We’ve got IP covered.

Identification

Businesses which have been advised well about IP know how to identify their great ideas and how to use intellectual property rights to protect them, giving them a competitive edge in the marketplace. We can:

  • Review your existing IP methodologies;
  • Advise you on best practice in your area of IP, using the wisdom we have gained from years of experience;
  • Help you implement a strategy to ensure that whatever your idea, you will be best placed to make the most of it, through use of intellectual property rights; and
  • Work with you to identify and sell any intellectual property rights you don’t need, can’t license and don’t want to pay for.

Protection

IP rights are diverse in nature; some can be registered, some cannot. We can advise you on achieving the best possible protection, aligned with your business goals, including:

  • Registering trade marks in the UK, the European Community and any other jurisdiction worldwide;
  • Registering designs in the UK and European Community, as well as obtaining local advice for design protection in other countries;
  • Securing patent protection in the UK, EU, USA and any other developed market of interest;
  • Ensuring that you qualify for protection of unregistered rights and own those rights; and
  • Putting systems in place to protect trade secrets and confidential information, including restraining use by former employees.

Exploitation

Owning an intellectual property right can, and should be, a route to increase your profits. We will help you ensure that your business is using IP rights to maximise revenues by:

  • Working with you to devise strategies for the sale or licensing of your unused intellectual property rights;
  • Devising checklists and heads of terms with you to facilitate simple and profitable deals; and
  • Working with you to draft and negotiate deals to secure the revenue stream you deserve.

Enforcement

Our litigation success rate is outstanding, but if we can get you the right outcome without the time and expense of going to trial then we always will. Routine enforcement activities include:

  • Sending cease and desist notices and letters before action that leave infringers in no doubt that cooperation (or, if possible, capitulation) will be their best strategy;
  • Addressing online infringement through action at the Internet Service Provider or Registry level;
  • Securing early access to the best experts for technically complex cases; and
  • Selecting your strongest case(s) for the first actions to serve as an example to other infringers.

Defence

All successful businesses face threats of legal action, some speculative, some genuine. We can help you both to avoid infringing third party rights and to deal effectively with threatened actions by:

  • Helping you to put systems in place to avoid inadvertently infringing someone else’s IP;
  • Helping you to understand where the line is drawn between infringement and non-infringement;
  • Quickly analysing the merits of any claim and recommending the most cost-effective response; and
  • Even if there is a strong case against you, gaining a bargaining position to achieve the best possible settlement in the circumstances.