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How can I stop someone else infringing my intellectual property rights?
The first step is to identify your intellectual property, and ensure that you have applied for appropriate protection wherever necessary. Keep a record of what intellectual property you have, when it was created and what protection it has. Include evidence of your rights to automatically protected property: dated and witnessed copies of original material, for example.Although it is not legally required (in the UK), it is a good idea to assert your intellectual property rights wherever appropriate: for example, including the © symbol on publications, marking products with the patent number, and so on. This may help to deter others from infringing your rights.
Actually detecting infringements may be relatively easy - for example, if you notice a new competitor using a name similar to your registered trade mark, or producing products which you think are covered by your patent. Immediately notify them that you believe they are infringing your rights, and try to resolve the situation without resorting to litigation. It is important not to make threats of litigation which might subsequently turn out to be unjustified.
If intellectual property is important to your business, one option is to consider taking out insurance to cover any legal costs you may need to incur in order to protect your rights.
