The owner of IP rights has a range of enforceable legal rights against people or companies that infringe those rights. Such action may be initiated from sending a letter of demand requesting the infringer cease and desist the infringing conduct, or commencing court proceedings immediately seeking injunctive relief.
Where you send a letter of demand you should be careful as a threat of infringement that cannot be proven may amount to a ‘groundless threat’. A groundless threat may result in liability for damages to any person affected. So it’s crucial to ensure you are within your rights before threatening legal action against others or any potential public backlash against the IP right owner, particularly if the IP owner is a big corporation.
Often IP disputes are resolved through settlement negotiations, which may be the commercially preferred option. However, in this case the parties should ensure a proper agreement is drawn up, outlining what they have agreed to do and that they will carry these obligations out.
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