Understanding the Basics of Intellectual Property Litigation

Torontonians’ clever minds have given rise to countless life-changing inventions, creative works, and ideas (intellectual property). Although this intellectual property has positively affected our lives in different ways, the unfortunate side effect is conflict, where individuals and businesses clash over IP-related issues and require legal assistance. Read on to learn the basics of intellectual property litigation. We’ll also touch on the main perks you’d enjoy after getting a qualified IP attorney on your side.

Intellectual Property Litigation Defined

Does the phrase “intellectual property litigation” leave you bewildered? We’ll define it simply here. It refers to situations where someone sues someone else for violating an IP right. There are several types of intellectual property, so IP litigation may involve the following situations and more:

• Copyright violations – Using copyright-protected works in an unsavory way without getting prior clearance (ie. peddling an HR software product online when you haven’t requested permission from the holder of the copyright).
• Trademark infringement – Using a trademark or service mark without getting express permission from the trademark holder (ie. selling purses with a Louis Vuitton-esque print to fool shoppers into believing it’s real Louis Vuitton merchandise).
• Patent disputes – Utilizing, manufacturing, selling, or trying to sell an invention that’s protected by a patent (ie. a company manufactures and distributes a patented toy without licensing said toy or getting consent from the patent holder.
• Trade secret litigation – Obtaining or sharing a company’s confidential information in a manner that doesn’t align with honest commercial practices (ie. someone tells a company’s industry rival about their secret sauce recipe for a monetary award).

Note: Many other circumstances may call for intellectual property litigation.

Key Stages of IP Litigation

IP litigation can be exceedingly complicated, but if it’s broken down into defined steps, it becomes much easier to understand. Here are the key stages of IP litigation:

Pre-litigation Analysis

During this step, the goal is to determine whether your claim is valid. To make that determination, a trained legal professional will gather evidence surrounding your claim and evaluate the IP rights in question. It takes an experienced IP lawyer in Toronto to adequately weigh a case’s strengths and weaknesses.

Filing the Claim

Sometimes, an IP claim can be resolved without taking drastic legal action. But when that’s not an option, the next step is to file a claim. This part of the process entails delivering all necessary documents to a specified court and illustrating the details of the case. Your IP lawyer will take care to ensure that all legal requirements are satisfied throughout this step of the process.

Discovery and Evidence Collection

Document and information exchange characterizes this stage of the IP litigation process – the stage where you build your case. Discovery lays the foundation for arguments to be submitted during either trial or settlement discussions.

Settlement or Trial

Depending on the details of the case and the parties involved, your IP suit may be able to be settled outside of court. If that’s impossible, your case will go to trial. It’s a formal proceeding where the court will hear both parties in the case and judge who wins. A seasoned Toronto IP lawyer can have a significant effect on the outcome of your case; they are trained to effectively present it to the court.

Why You Need an IP Lawyer in Toronto

Taking on the IP litigation process without a trained legal professional is never advised. And it’s because succeeding in this way would be a struggle. In Toronto’s often-convoluted legal terrain, it’s vital to link up with someone who has an in-depth understanding of the city’s legal inner workings, especially those at play in the litigation process. Here’s how an IP lawyer can help you along the way:

• Present solutions to address your unique needs before, during, and after legal proceedings.
• Communicate how Toronto IP regulations apply to your case and offer insight into the best legal moves to make.
• Convincingly present your arguments in the event of a trial.
• Negotiate settlements to save you time and resources and protect your best interests.

Through intellectual property litigation, business owners and individuals can take steps to protect their creative assets. If you find yourself involved in an IP dispute, there’s only one smart choice – get in touch with a trusted Toronto IP lawyer.