Intellectual
Property Mediation
- Save thousands of pounds & avoid court.
- No more stress, worry & sleepless nights.
- End your IP dispute of any nature in 1 day.
- Mediate from anywhere we come to you, or via Zoom if you prefer.
- Our IP mediators can mediate for you within 14 days of contact.
- 100% Confidential & No Obligation
Intellectual Property
Intellectual property mediation, concerns property used in business and commerce. Or owned by writers, musicians and artists. Such as brands, names, symbols, designs, patterns, inventions, literary (writing) and artistic (art and music) works.
IP Mediation Cost
Intellectual property disputes can be enormous and devour the money, time and manpower of organisations and individuals. Due to the complexities involved in this minefield area of law as proving a breach or theft, is no easy task. Which can take several thousands of pounds.
What Is Intellectual Property?
In the same way that individuals have property rights in tangible property such as a car or house. Intellectual property rights exist in the same way and are personal rights. For example a company owning their logo down to the colours. Or a particular design or invention.
Intellectual Property Specialisms
Branding disputes. Trade mark disputes. Copyright infringement disputes. Passing off of trade and goodwill as well as reputation disputes. Theft of intellectual property by competitors, or previous employees disputes.
INTELLECTUAL PROPERTY
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Director, International Commercial & Workplace Mediator & Trainer
Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
Our Intellectual Property Mediation Services Have Helped
The First Claimant was an individual and former director of the Second Claimant. The First Claimant was the proprietor of the intellectual property rights relied on by the Claimants in this claim.
The Second Claimant was a limited company, in the business of, inter alia, the design and marketing of high performance closed panel timber framed building systems.
The Third Claimant was a limited company, in the business of, inter alia, the design, manufacture and construction of timber framed buildings for both residential and commercial use.
The First Defendant was a limited company, carrying on the business of timber frame design and construction. The Second Defendant was a limited company, named as a contact on their company website. The Third Defendant was an individual and former director of the First Defendant. The Third Defendant oversaw, directed, managed and carried on the defendant’s businesses.
The Third Defendant was neither a shareholder nor a director of the First or Second Defendant.
The Patents the First Claimant has been at all material times the registered proprietor of United Kingdom Patent No (the “714 Patent”) and United Kingdom Patent No. (the “989 Patent” and, together with the 714 Patent, the “Patents”). Pursuant to a head licence agreement (the “Licence”), the Second Claimant was the exclusive licensee of the First Claimant under the Patents. The exclusive licence to the Patents under the Licence was subsequently confirmed under the confirmatory intellectual property licence dated subsequently.
Registration of the Second Claimant’s exclusive licence with respect to the Patents was entered on the United Kingdom register of patents in 2009. The Third Claimant was incorporated in 2013 and at all material times has been non-exclusive licensee of the Second Claimant under the Patents. The Patents are and have been at all material times in force.
The First Claimant’s copyright works. The First Claimant was the proprietor of copyright subsisting in certain artistic works (the “Works”). The creator and first owner of the copyright in the photographic Works was the, father of the First Claimant.
The Claimants’ goodwill and reputation, from 1993, the First Claimant had owned and operated the timber frame construction business carried on under their name, responsible for the design, manufacture and construction of inter alia the buildings shown in the each of the Works schedule. The Business was presently carried on by its exclusive licensee, the Second Claimant which had licensed the Third Claimant to carry on such business.
As a result of such trade in the Business, the Claimants are the owner of a valuable goodwill and reputation in the United Kingdom in his business of designing and constructing timber frame buildings carried out under and by reference to their marks. A large dispute arose over passing off, infringement of copyright, as well as various other claims.
Some £700,000 was being claimed, the mediation took place in person and took seven hours.
The following are the Particulars of Infringement the Defendants, and each of them, had carried out, or threatened and intended to carry out the following acts in the United Kingdom without the consent of the Claimants.
- Making, advertising, marketing, selling, supplying and/or otherwise disposing of or offering to dispose of, using, and/or keeping (whether for disposal or otherwise) in the United Kingdom products falling within each of claims 1 to 25 of the Claimants Patent;
- Using the processes of claims 26 to 30 of the Claimants Patent, or offering the same for use in the United Kingdom when they know, or it is obvious to a reasonable person in the circumstances, that their use there without the consent of the proprietor would be an infringement of the Claimants Patent;
- Supplying or offering to supply a person other than a licensee or other person entitled to work the invention of the said claims with any of the means, relating to an essential element of the inventions of each and every claim of the Claimants Patent, for putting the invention of such claims into effect, when they know, or it is obvious to a reasonable person in the circumstances, that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom.
The mediation took place in person and lasted five hours.
