Why infringement matters
If your business infringes the Intellectual Property (IP) rights of others you may face civil and/or criminal proceedings against you and your business. Criminal offences are a serious matter and both police and trading standards officers have investigative powers for these crimes. If prosecuted, offenders are potentially liable to a fine of up to £50,000, and in some cases a custodial sentence of up to 10 years. As well as the legal risks, infringement of IP rights may also leave you vulnerable to threats from computer viruses and malware.
What are IP rights?
IP is one of the most valuable assets a business can have, increasing competitiveness and contributing to overall business success. Businesses need to understand, protect, and respect intellectual property - both their own and the IP of others.
More information about the four main types of IP rights, copyright, designs, patents and trade marks is available on this website.
What does "infringement" mean?
"Infringement" is a legal term for an act that means breaking a law. IP rights are infringed when a product, creation or invention protected by IP laws are exploited, copied or otherwise used without having the proper authorisation, permission or allowance from the person who owns those rights or their representative.
It can range from using technology protected by a patent to selling counterfeit medicines/software or copying a film and making it available online.
All of these acts will constitute a civil infringement but some copyright and trade mark infringements may also be a criminal offence such as the sale of counterfeits including clothing.
Civil infringement
All IP right infringements are actionable in the civil courts by the person who owns the rights. This is true for all the main types of IP rights (patents, trade marks, designs and copyright). Learn more about civil infringement and how you and your business can prevent civil IP infringement.
Criminal offences (counterfeiting and piracy)
Counterfeiting (of trade marks) and piracy (of copyright materials) are the criminal offences of IP rights infringement - also known collectively as IP crime. Learn more about how you can help to tackle IP crime and also protect yourself and your business from potential liability.
Why it is important you take action
It is important that you and your business understand and implement measures to prevent and tackle any instances of IP rights infringement - to avoid legal, IT security and reputational risks and generally to be a good corporate citizen. It may be advisable to consult your legal advisor for advice and assistance in establishing suitable policies and guidance for your staff.
The law in relation to IP rights infringement
Legislation covers both civil IP rights infringement - against patents. trade marks, designs and copyright - and criminal offences in the case of trade marks and copyright.