Patents and Injunctions
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Released 23 October 2008
If you have a patent and a third party appears to be infringing then you will
need to write to him threatening legal action if he des not stop. If he refuses
it will be necessary to commence legal proceedings.
Usually it will only be possible to stop infringement after the case has
reached trial (which can take some time). This means the infringement will
continue. However an injunction may be possible if (amongst other things)
damages at trial cannot compensate for the infringement. In practice this is
limited to the pharmaceuticals sector. An interim injunction must be sought
without delay and the claimant must give a cross-undertaking as to the damages
which will be payable to the defendant.
How to apply for an injunction. If you are applying with notice you will need
to make the application to a judge in the High Court by completing an
appliciaton notice a witness statement and draft order. Filing copies of the
application notice, evidence and draft order at court, with a court fee of 75
pounds. Once you have the sealed order you will then serve the application
notice, evidence and draft order on the Respondent providing at least three
clear days before the hearing. The Respondent may file and serve evidence in
opposition and a hearing date will be set down.
An injunction is not something a court will easily grant. You must be very
sure as to the merits of your case, and be prepared to provide details of your
finances as security as you will be expected to give undertakings on damages in
the event that you lose the case!
Its a serious step and legal advice is a must.
Michael Coyle is a Solicitor Advocate who specialises in information
technology law and intellectual property law. He can be contacted on
firstname.lastname@example.org, his office number +44 (0) 2380 235979 or mobile
About the Author
Lawdit Solicitors offer
services and advice for litigation, commercial contracts, Intellectual Property
and IT legal agreements. We are experts in commercial law with a heavy emphasis
on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2008-10-25 00:19:43 in Legal Articles