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With more than 25 years’ experience advising clients on all IP matters, both contentious and non-contentious, our Senior Counsel Carl Steele shares his five key tips for those engaged in IP disputes.
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I have spent more than 25 years successfully supporting clients engaged in IP disputes, helping them to overcome obstacles and to achieve their goals. Over the course of my career, I’ve worked with individuals, start-ups, and multinational corporations, guiding them through some of the most challenging and high-pressure situations of their professional lives. This experience has taught me that while every dispute is unique, the underlying dynamics often follow familiar patterns.
Drawing on those decades of insight, here are my five key tips for anyone navigating the often-unpredictable world of IP disputes.
Choose the right lawyer
Someone who will tell you what you need to hear, rather than what you want to hear. It is not just a question of whether they ‘know their law and procedure’. Are they your ally? Will they always have your best interests at heart? Do they have integrity? Do they represent value for money? Will they go the extra mile for you? Are they a team player? Do they think creatively?
What are your goals and what is the strategy to achieve them?
Are they realistic and achievable and at a cost you are willing to bear? Do you have to litigate, or can you achieve your goals by other means? Is it better to settle, rather than risk losing at trial? What represents ‘acceptable success’ to you, bearing in mind the cost and uncertainty of litigation?
Know your opponent and the merits of their case
What are their weaknesses and strengths? What are their aims and goals? Are they a win at all costs litigant or someone who is willing to listen to and engage with your concerns?
Think about the cost
Litigation is not cheap. It also takes up a lot of management time. Money and time that could be spent elsewhere. Do you really need this fight? Are you allowing feelings and emotions to cloud your decision making? Humans are feeling machines that think; not thinking machines that feel!
Expect the unexpected
Disputes rarely proceed in an orderly and standard fashion. Judges and the other side and their advisers don’t always act as expected. There may be unexpected twists along the way.
Need assistance?
We provide global services which span the whole spectrum of the IPR lifespan. We’ll be with you every step of the way, helping you to identify, protect, exploit and enforce your ideas and innovations, using our full-service IP capability. Get in touch with our Legal team for further information on how we can support you with your IP dispute.
This is for general information only and does not constitute legal advice. Should you require advice on this, or any other topic, then please contact hlk@hlk-ip.com or your usual HLK advisor.