You might be feeling pretty good about yourself because you’ve secured your intellectual property. But the reality is, a patent or trademark is not worth paper it’s written on unless you are prepared to back it with the threat of litigation. There are several tactics to apply – and several common pitfalls to avoid – when protecting your ideas.
Tactics and strategy
Pitfalls to avoid
The last word
Be aggressive, within reason. The most hostile approach is to file and serve. However, a Federal Court case will attract some hefty court and legal fees. Instead, issue an aggressive and direct letter of demand. For example, make it clear that the infringer must cease selling, deliver up all stock, cease advertising, deliver up all advertising materials, change its website or transfer its domain name, deliver up all profits, costs of legal fees and provide a statutory declaration of undertaking that it will never infringe again. Be decisive. If you receive no responsive (or an antagonistic response), follow through. But in most cases, an aggressive letter with heavy demands will generate a very prompt response.
Robynne Sanders is a director at Watermark Trade and PatentAttorneys, specialising in patent applications in the chemical and pharmaceutical area and working on trade mark disputes and commercialisation issues.
r.sanders [at] watermark.com.au