How can litigation be used to protect IP rights? Michael Edenborough QC & Thayne Forbes explain
IN BRIEF
- Ensure you know the true value behind intangible assets, such as intellectual property, goodwill and brand value, before entering into a commercial deal.
- IP’s role and prominence in business is mirrored by its role and prominence in litigation: valuation of IP is often a contentious issue.
- When defending the business value held in IP assets, the process used to assess litigation should not be any different to the process used before entering a new market, launching a new product or making an acquisition.
The role of intellectual property has become increasingly significant both in commercial transactions and disputes. IP rights are not only highly valuable but are also complex legally. Litigation is an important part of a commercial toolbox for managing IP rights to optimise their value, and there are many legitimate ways in which it is used.
Role of IP in commercial deals
Many commercial deals involve IP to some extent. Generally the most significant IP rights are trade marks,
