Intellectual property (IP) infringement is using someone's IP without their permission, for example selling a product that copies a registered design, using a name that is confusingly similar to a registered trade mark, or copying website content or software. It is your responsibility to defend your own IP: nobody will enforce it for you unless the copying is also a crime.

Most disputes are settled without going to court. How you open the conversation matters, because some letters about patents, designs and trade marks can give the person you write to, or anyone else it harms, the right to sue you, and to defend that claim you would have to prove the infringement.

If someone has copied you

1. Check what right you have

Work out which right has been infringed and whether you can rely on it:

Registered rights (patents, registered designs, registered trade marks): check the registration is in force, covers the product or the goods and services involved, and is in your name or your company's name
Unregistered rights (copyright, UK design right, passing off for an unregistered brand): you must show that the work is yours and that it was copied, so gather dated drafts, files and records of when you first used it

If the work was created by a freelancer or before your company existed, check that it was assigned to you in writing.

Who owns IP created by employees, freelancers and contractors

First-ownership rules for copyright, designs and inventions - when the employer owns what an employee creates, and why commissioned work needs a written assignment.

The person who creates a work, design or invention is usually its first owner. The main exception is work an employee creates in the course of their employment, which belongs to the employer. Paying a freelancer, agency or contractor does not by itself give you the IP in what they make for you.

Copyright - general rule: The author is the first owner
Copyright - employees: The employer is the first owner of literary, dramatic, musical or artistic works and films made by an employee in the course of employment, unless agreed otherwise
Copyright - freelancers and commissioned work: The creator keeps the copyright unless it is assigned; an assignment only works if it is in writing and signed by or for the person assigning it
Designs - employees: The employer owns registered designs and UK design right in designs created by an employee in the course of employment
Designs - commissioned work: The designer, not the person who commissioned the design, is the first owner for commissions agreed on or after 1 October 2014, unless the design is assigned in writing
Inventions - employees: The employer owns an invention made in the course of the employee's normal or specifically assigned duties where an invention might reasonably be expected to result, or where the employee has a special duty to further the employer's interests; otherwise it belongs to the employee
Moral rights: Authors keep moral rights even after assigning copyright, unless they waive them in writing. The right to be identified as author only applies if it has been asserted, and some moral rights do not apply to work made by employees

What to put in writing

Use contracts that assign IP to your business when you commission logos, websites, software, product designs or content, and when co-founders or directors create IP before the company is formed. Check employment contracts cover IP created by staff.

2. Collect evidence

Before you contact the other side, keep copies of what they are selling or publishing: screenshots with dates and web addresses, test purchases with receipts, photos of products and packaging, and any evidence that customers have been confused. Note who made or imported the goods if you can find out.

3. Contact them carefully

A letter before action sets out what right you own, what the other side has done, what you want them to do (for example stop, remove listings, hand over stock or pay compensation) and a deadline to reply. Courts in England and Wales expect both sides to try to settle before starting a claim, and can penalise a party that did not.

For patents, designs and trade marks, the Intellectual Property (Unjustified Threats) Act 2017 limits who you can threaten and what you can say.

Unjustified threats of IP infringement proceedings

When a letter or other communication about patent, design or trade mark infringement counts as a threat, who can sue over an unjustified threat, and what you can safely say.

If you own a patent, registered design, UK unregistered design right or registered trade mark, telling someone you intend to sue them for infringement can give them, or anyone else harmed by the threat, the right to sue you. A communication contains a "threat of infringement proceedings" if a reasonable person receiving it would understand that the right exists and that someone intends to bring infringement proceedings over acts done, or to be done, in the UK. The rules apply to letters, emails, website notices and messages to a customer's retailers alike.

Rights covered: Patents, registered designs, UK unregistered design right and registered trade marks
Who can sue: Any person aggrieved by the threat, for example a retailer's supplier who loses business
What they can claim: A declaration that the threat is unjustified, an injunction to stop it, and damages for any loss the threat caused
Threats you can make safely (patents): Threats to a person who makes a product for disposal, imports it for disposal, or uses a patented process, including about anything else they do with that product or process
Threats you can make safely (trade marks): Threats to a person who applies the sign to goods or packaging, imports marked goods for disposal, or supplies services under the sign
Threats you can make safely (designs): Threats to a person who makes or imports the product for disposal
Permitted communications: A threat that is not express is not actionable if the communication is for a permitted purpose, such as giving notice that a right exists, or asking questions to find out whether, or by whom, it has been infringed, using only information that is necessary and that you reasonably believe is true
Never a permitted purpose: Asking someone to stop doing anything commercial with a product or process (for trade marks, to stop using a sign in the course of trade), to deliver up or destroy products, or to give an undertaking
Defence: Showing that the act complained of does infringe the right
Professional advisers: A regulated solicitor, patent attorney or trade mark attorney who acts on instructions and names the client cannot be sued; the client still can be

What this means for a letter before action

Write to the manufacturer or importer, not their customers. If you cannot find out who the manufacturer or importer is, you have a defence to a threat made to a retailer or other secondary infringer if you took reasonable steps to identify them and told the recipient, before or when making the threat, what steps you took. You can also defend any threat by showing that the acts you threatened to sue over do infringe. A regulated IP solicitor or attorney can make sure your letter stays within the rules.

4. Try to settle

You can offer the other side a licence, a period to sell off existing stock, or, for similar trade marks, a coexistence agreement. If you cannot agree, mediation is usually quicker and cheaper than court, and for patents an IPO opinion gives you an independent view of infringement or validity to negotiate with.

IPO patent opinions and IP mediation

Two lower-cost Intellectual Property Office services for disputes - a non-binding patent opinion and the IPO mediation service - with current fees.

Before going to court, the Intellectual Property Office (IPO) offers two services that can help settle a dispute more cheaply.

Patent opinions

Anyone can ask the IPO for an opinion on whether a UK patent (or a European patent covering the UK, or a supplementary protection certificate) is infringed or valid. A senior examiner gives an independent view based on the papers. The opinion is not binding and the IPO does not award damages, but it can help you negotiate or decide whether to start proceedings. The process usually takes no more than 3 months. Opinions cover patents only, not trade marks, designs or copyright.

IPO mediation

IPO mediators can help settle disputes about trade marks, copyright, designs, patents and trade secrets, including licensing, ownership and infringement. Both sides must agree to mediate. Discussions are confidential.

Patent opinion fee: £250 (Patents Form 17)
Patent opinion timescale: Usually no more than 3 months
IPO mediation, online: £75 per party for 1 hour, rising by £25 an hour to £250 for 8 hours
IPO mediation, in person: From £152.50 per party for 1 hour to £412.50 for 8 hours (room hire at the IPO's Newport office is free)
Extending a session on the day: £100 per hour per party

Opinions - resolving patent disputes (opens in a new tab)

Intellectual property mediation (opens in a new tab)

5. Take legal action if you need to

Which court you use depends on the right, the value of the claim and where you are.

IP Enforcement Court System

UK court options for intellectual property disputes and enforcement.

IP rights holders can take civil action through the courts to stop infringement and recover damages. The appropriate court depends on the value and complexity of your case.

Intellectual Property Enterprise Court (IPEC): England & Wales - streamlined procedures, capped costs, lower value cases
IPEC damages cap: £500,000 maximum damages award
IPEC costs cap: £60,000 maximum recoverable costs on liability, and £30,000 on an inquiry as to damages (scale costs apply)
IP List (High Court): England & Wales - complex non-patent IP cases, higher value (typically £500k+)
Patents Court (High Court): England & Wales - specialist patent and registered design cases
Court of Session: Scotland - complex or high-value IP cases, with no cap on costs or damages
High Court (Northern Ireland): Northern Ireland - complex or high-value IP cases (Chancery Division), with no cap on costs or damages

Choosing the right court

IPEC (Small Claims Track): Claims up to £10,000 for copyright, trade marks, passing off, breach of confidence or unregistered design rights (not patents or registered designs) - simplified procedure, limited recovery of legal costs, and you do not need a lawyer
IPEC (Multi-track): Claims up to £500,000 - limited disclosure, shorter trials, capped costs make litigation more accessible for SMEs
High Court: Complex cases, high-value claims, or where you need extensive disclosure and expert evidence

What you can claim

Injunction to stop continued infringement
Damages for losses suffered or account of infringer's profits
Delivery up or destruction of infringing goods
Recovery of legal costs (subject to court discretion and IPEC caps)

6. Stop fakes at the border and report counterfeits

If counterfeit or copied goods are being imported, an Application for Action lets Border Force detain them before they reach the market.

Customs application for action to stop infringing goods

How IP rights holders ask Border Force to detain suspected counterfeit or infringing goods at the UK border, what it costs and what happens when goods are detained.

If you hold a UK trade mark, copyright, design, patent or other IP right, you can make an Application for Action asking Border Force to detain goods suspected of infringing it when they are imported or exported. HMRC approves applications and Border Force acts on them.

Who can apply: IP rights holders, IP collective rights management bodies, and people formally authorised to both use the rights and start court proceedings to protect them
Cost to apply: Free
Costs you may carry: Handling, transport, storage and destruction costs once goods are detained, plus legal costs and compensation if the goods turn out not to infringe or the action fails through your error
When to apply: At least 30 working days before you want monitoring to start
Decision: Normally within 30 working days
How long it lasts: One year from the date of the decision. Ask to extend it at least 30 working days before it expires, or the request can be refused
Time to respond when goods are detained: 10 working days (3 working days for perishable goods); you can ask for up to 10 more working days to start court proceedings
Small consignments procedure: Suspected counterfeit or pirated, non-perishable goods sent by post or courier in consignments of 3 or fewer items or under 2kg can be destroyed without consulting you first, if you opt in
Without an application: If Border Force finds suspect goods and identifies you as the rights holder, you have 4 working days to apply for them to be destroyed (not available for perishable goods)
EU registrations: EU trade marks and Community designs are not protected in the UK, and a UK application is needed even if you have one through an EU member state

If the importer objects

Goods are destroyed if you and the importer agree, or if you agree and the importer does not reply in time. If the importer objects, you must show before the notice period ends that you have started court proceedings, or Border Force will release the goods.

Apply to protect your intellectual property rights at the border (opens in a new tab)

Selling counterfeit goods under a registered trade mark, dealing in pirated copies of copyright works and deliberately copying a registered design in the course of business can be criminal offences. Trading Standards investigates these, which does not stop you bringing your own civil claim at the same time.

Report IP Crime

Where to report intellectual property crime and counterfeiting in the UK.

IP infringement can be a criminal offence, particularly for counterfeiting and commercial-scale piracy. You can report IP crime to Trading Standards, police, or specialist units depending on the type and scale of infringement.

England: Citizens Advice (refers to Trading Standards)
Wales: Citizens Advice (refers to Trading Standards)
Scotland: Advice Direct Scotland (refers to Trading Standards)
Northern Ireland: Consumerline (refers to Trading Standards)
Police Intellectual Property Crime Unit (PIPCU): You can report IP crime to PIPCU directly
Report Fraud: Report IP crime involving fraud
Crimestoppers: Report anonymously on 0800 555 111

When to report as crime

Counterfeit goods: Fake branded products being sold
Commercial-scale piracy: Mass copying and distribution of copyrighted material
Organised crime: Networks producing/distributing fake goods
Public safety risks: Counterfeit products that could harm consumers (fake medicines, unsafe electronics)

Civil vs criminal enforcement

Civil action: You sue the infringer for damages/injunction. You control the case and recover compensation
Criminal prosecution: Trading Standards or the Crown Prosecution Service (the procurator fiscal in Scotland, or the Public Prosecution Service in Northern Ireland) prosecutes the offender, and in some cases you can bring a private prosecution. You may be a witness. Focus is punishment not compensation
Both routes: Can pursue civil claim while criminal investigation is ongoing

If you are accused of infringing

Do not ignore a letter or court papers, and do not reply in haste admitting anything. Note any deadline and get advice from a solicitor, patent attorney or trade mark attorney who specialises in IP.

Check the right exists and belongs to the sender

Search the IPO registers to confirm a patent, design or trade mark is registered, still in force and owned by the person writing to you. Ask for evidence of ownership if they rely on copyright or another unregistered right.
Check whether what you do actually infringes

Compare your product, name or work with the scope of the right - the patent claims, the registered design, or the goods and services the trade mark is registered for. Independent creation is a defence to copyright and unregistered design right claims but not to a registered design, trade mark or patent.
Check whether the right is valid

A registered right can be challenged. For example, a trade mark not put to genuine use in the UK for 5 years without proper reasons can be revoked, and a patent can be revoked, or a registered design declared invalid, if it was not new at its filing or priority date, through the IPO or the courts.
Check whether the letter is an unjustified threat

If you are a retailer or other secondary seller, or the letter goes beyond what the law permits, you may be able to ask the court for a declaration, an injunction and damages against the person who made the threat (not their solicitor or attorney if the letter names the client).
Decide your response

You can stop or change what you are doing, negotiate a licence or a sell-off period, challenge the right, or defend a claim. Reply within the deadline, or ask for more time, setting out whether you accept the claim and why not if you do not.

Reduce the risk before you launch

Search the IPO registers before you choose a name, logo or product design, and get written assignments for any IP that freelancers or agencies create for you. IP insurance can cover the cost of defending or bringing a claim.

Defend your intellectual property (opens in a new tab)

Legal basis

Primary legislation and key regulations

Trade Marks Act 1994 Primary 1994 · UK-wide Copyright, Designs and Patents Act 1988 Primary 1988 · UK-wide Patents Act 1977 Primary 1977 · UK-wide Registered Designs Act 1949 Primary 1949 · UK-wide Intellectual Property Act 2014 Primary 2014 · UK-wide Patents (Fees) Rules 2007 SI 2007 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Search for a trade mark (opens in a new tab)

Check whether a trade mark is registered and who owns it

gov.uk

Intellectual Property Enterprise Court (opens in a new tab)

How the court works and its small claims track

gov.uk

Intellectual property insurance (opens in a new tab)

What IP insurance covers

gov.uk

Chartered Institute of Patent Attorneys - find an attorney (opens in a new tab)

Regulated patent attorneys

cipa.org.uk

Chartered Institute of Trade Mark Attorneys (opens in a new tab)

Regulated trade mark attorneys

citma.org.uk

Deal with IP infringement

If someone has copied you

1. Check what right you have

2. Collect evidence

3. Contact them carefully

4. Try to settle

5. Take legal action if you need to

6. Stop fakes at the border and report counterfeits

If you are accused of infringing

Check the right exists and belongs to the sender

Check whether what you do actually infringes

Check whether the right is valid

Check whether the letter is an unjustified threat

Decide your response

Reduce the risk before you launch

Legal basis

Official guidance

Related guides in Growth & Strategy

Protecting Your Software Intellectual Property

Protect your intellectual property

Identify your intellectual property

License your IP to others

Hydrogen Production Licensing and Compliance