Avoiding IP litigation: building your case, while mitigating the risk

Rapid shifts in the intellectual property landscape are raising new challenges for businesses striving to avoid the last resort of litigation and the resulting drain on time and resources. Zacco’s Thomas Rukin, the group IP litigation director, and Maria Beijer, a senior partner, highlight the key considerations in a podcast with Phil Myers, Managing IP’s commercial editor.

The following points are addressed:

• How the Unified Patent Court’s introduction has affected the handling of patent disputes, and why a localised IP strategy remains important;
• The increasing prominence of AI in infringement disputes and evidence-gathering;
• How disputes escalate into formal legal proceedings;
• Alternative routes for resolving disputes without litigation;
• How the scope of counterfeiting and copycat behaviour is broadening from apparel to fields such as software and food products; and
• Practical advice for stakeholders who believe they are the victim of infringement or those forced to defend themselves against accusations.

IP owners can face an arduous process involving experts, patent and trademark offices, appeal boards, and mediation before a case even reaches a court’s books. However, proactive steps can help mitigate the risk of incurring substantial costs. As Rukin says, “the best defence is a good offence”.