We have been helping businesses, organisations, trade associations and celebrities to successfully resolve IP disputes for more than 25 years. We find out what you want to achieve, review the matter thoroughly, look at the risks, costs and benefits, come up with a plan and carry it out.
Our intellectual property dispute lawyers have a firm grasp of litigation tactics and strategies — we advise on how to avoid damaging legal disputes and spot ways to settle intellectual property disputes in a commercial manner to your advantage.
You can rely on us if you need specialist IP litigation advice and we are also a sound choice for the full range of contract or commercial disputes that your business may encounter. To arrange a consultation and for a chance to discuss your concerns, fill in the form opposite and we will be in touch very shortly.
“Samuel was very helpful, considered and made resolving a complex dispute as easy as could be. He has a great insight and knowledge of IP. I would certainly recommend Briffa!”
– Julian Clemens, Client
We are widely regarded as experts in the field of intellectual property management. We work closely with leading IP barristers to ensure that our clients have the best possible legal team available to them. Our solid reputation for fighting and winning the “David vs Goliath” cases means that no opponent is too big and we can advise on what needs to be done to bring an end to their infringing activities.
Copyright covers a huge variety of works and disputes in this field are equally varied. From a film script to software code, a beautiful illustration to a piece of music, a copyright infringement claim and often be the only way to properly protect your rights and managing these claims requires specialist advice. Finding a cost-effective solution is our speciality and our expert lawyers are on hand to help you through the process, from initial letter to final judgment.
Being one of the only firms in the UK to have taken a design infringement case as far as the Supreme Court, Briffa knows exactly what needs to be done to protect your designs. We can pursue claims for both registered and unregistered design infringement whilst advising on how best to secure the result you need to protect your business.
Of course, not every claim is valid and Briffa has a long track record in defending infringement claims to ensure that brands don’t overexert their rights against innocent parties. The starting point is to speak to one of our expert solicitors and get the advice you need to decide your litigation strategy.
All litigation is tactical and involves risk. With intellectual property, the risk can be high because of the value of the assets on the table. Not acting fast can result in greater loss. As a consequence, it is worth considering applying for an injunction or another urgent remedy from the court to at least ensure that any breach of your rights does not get any worse until you can claim full damages later.
Injunctions and other interim applications, where a Claimant is successful, often result in an early overall resolution but they are inherently high-risk and high cost and need to be very carefully considered with strong evidential support.
It is common practice to initiate a trade mark infringement case using a cease and desist letter. The letter is crucial and with any issue of value or significance, we do not recommend using a template approach. It makes sense to consult experienced lawyers. We help draft cease and desist letters for our clients.
We can also advise what to do if you receive a cease and desist letter. We have considerable experience in this area. It is sometimes possible, for example, to succeed in trade mark infringement disputes by demonstrating that your opponent’s trade mark should not have been registered or is not properly used. This kind of approach, at an early stage in the claim, can often short circuit the litigation and bring an end to the matter.
We deal with the ongoing problem of domain name hijacking, domain name kiting, typosquatting and unlawful domain name parking. The management of domain names, including their acquisition and use, is now a very important part of brand management and must be considered hand in hand with trade mark and brand strategy generally. Our service ensures clients stay abreast of new suffixes as they become available and includes the monitoring of registration activity of others and active challenges where competitors abuse registrations. We employ the full range of tools and forums available, including alternative dispute resolution (such as those available at Nominet and ICANN) as well as court action.
Famously the most expensive form of IP litigation, Briffa has a long track record in both pursuing and defending patent infringement actions without costing the earth. Our specialist solicitors can manage the claim from start to finish and have substantial experience in both the High Court and Intellectual Property Enterprise Court.
We have registered, protected and resolved IP legal disputes since 1995.
We offer consultations with expert solicitors and fixed fee quotes.
We have offices in the UK, the Republic of Ireland and Malta.
We offer an industry-leading service with short turnaround times and business-focused advice.
Many large organisations are very protective over their intellectual property rights and will aggressively pursue anybody they deem to be violating them. Often this can be seen as predatory, especially when smaller businesses may not have the means to fight the claim.
If you receive a claim, such as a cease and desist letter, don’t panic. It is important to understand that the process of litigation is a series of negotiations in which both parties can discuss their options, it may not mean you’re being taken to court immediately.
Do not forget to respond to any correspondence you receive by the deadline outlined within. Ideally seek legal assistance as soon as possible in order for your response to enable you to defend your own rights.
Our expert lawyers have substantial experience defending smaller (and larger) businesses and creatives from overzealous litigators, offering ways to defend and settle disputes in a manner beneficial to all parties involved.
Intellectual property rights usually apply only within the territory they are granted. Protection internationally must be obtained through registering your IP with the relevant authorities either within the countries themselves or a governing body that oversees a number of countries such as the European Patent Convention (EPC) or the Hague International Design System.
The World Intellectual Property Organization (WIPO) has facilitated an agreement between 180 countries to recognise automatic copyright protection for creations from anywhere in the world. However, the details of the protections afforded by copyright still vary from country to country.
A breach of the terms of an IP contract can result in termination of the contract if it constitutes a fundamental breach (when one party refuses to honour their part of the agreement). The remedies for this should be set out in the contract itself, such as transfer of any intellectual property and the license for its use back to the originator, and will require written notice that the contract is deemed to be terminated.
Furthermore, in the event of a breach of contract, you can also sue the party responsible for damages that would put you in the same position as had the terms been met.
It is also possible, although rare, that a specific performance judgement is reached, whereby a court orders that the originally agreed upon work is completed.
If you believe somebody has broken the terms of a contract you had agreed upon and would like advice on how to proceed, just get in touch and get back to you as soon as possible.
Our lovely team of intellectual property specialists are always on hand with expert advice. We’re here to bring creative solutions to the problems you’re facing, big or small. Find the key contacts for this area below, or follow the link to meet the rest of the team.
We’re on hand to assist with a wide range of IP issues, just get in touch to find out more.
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