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IP Enforcement and Litigation Support

IP enforcement involves taking legal action against parties who infringe intellectual property rights by using IP assets without the authorisation of the rights owner. The failure to enforce IP rights can, in extreme cases, result in the rights being weakened or lost, particularly for trademarks where prolonged toleration of infringement can be relevant to the trademark's distinctiveness. Effective enforcement protects the commercial value of IP assets, deters future infringement by establishing that the rights owner is willing to act, and generates evidence of the scope and value of the IP for quantifying damage claims in subsequent proceedings.

Neptune Fiduciaries Group advises on IP enforcement strategy across all major IP categories and coordinates with specialist IP litigation law firms in relevant jurisdictions to manage the enforcement process on behalf of rights owners. Enforcement options include cease and desist letters demanding immediate cessation of infringing activity, customs and border enforcement measures enabling seizure of counterfeit or infringing goods at the point of importation, civil litigation for injunctions and damages before courts of competent jurisdiction, criminal prosecution for counterfeiting and trademark piracy offences, and alternative dispute resolution options including arbitration and mediation for commercial IP disputes between known business parties.

Cease and Desist Letters and Pre-Litigation Strategy

We draft cease and desist letters demanding that infringers immediately stop infringing activity, delete infringing content, provide information on the scope of infringement, and provide undertakings against future infringement, often resolving disputes without the cost of litigation.

Customs and Border Enforcement Measures

Rights owners can record their IP with customs authorities in most major jurisdictions, enabling border agencies to detain and seize shipments of counterfeit and pirated goods. We advise on customs recordation programmes and manage the border enforcement process.

Civil Litigation for Injunctions and Damages

Where cease and desist letters fail and infringement continues, civil litigation before courts can obtain injunctions preventing further infringement and damages compensating the rights owner for past infringement. We coordinate litigation strategy with specialist IP litigators.

International IP Enforcement Coordination

IP infringement often occurs simultaneously across multiple jurisdictions. We coordinate multi-jurisdictional enforcement campaigns, managing relationships with local counsel across all relevant jurisdictions and ensuring consistent enforcement strategy and messaging.

Get in Touch

For further details, please contact Neptune Fiduciaries via email info@neptunecorporate.com or sales@neptunecorporate.com or visit our Contact Us page.

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