In today’s competitive business environment, protecting intellectual property (IP) has become paramount for companies seeking a sustainable edge in the market. Intellectual property solicitors play a crucial role in helping businesses to safeguard their innovations, trade secrets, and other intangible assets.

They can help businesses to develop an IP strategy and can also assist in IP disputes in circumstances where protection to intellectual property has been threatened.

What is intellectual property?

Intellectual property encompasses a broad spectrum of intangible assets that contribute to a company’s competitive edge. These assets can include patents, trademarks, trade secrets, and confidential information. The legal framework surrounding intellectual property is complex and requires specialised knowledge to navigate effectively.

Intellectual property strategy and portfolio management

Developing a robust IP strategy is essential for businesses looking to make use of their intellectual property assets strategically. Intellectual property solicitors work closely with clients to formulate a comprehensive strategy that aligns with their business objectives. This type strategy involves assessing the value of different IP assets, evaluating potential risks, and creating a plan for portfolio management.

Intellectual property solicitors – Trade Secrets

Trade secrets are often a company’s most valuable assets, providing a competitive edge that sets them apart in the market. Intellectual property solicitors help companies establish and enforce robust trade secret protection measures, ensuring that sensitive information remains confidential. By doing so, businesses can safeguard their unique processes, formulas, and other proprietary knowledge from competitors.

The safeguarding of trade secrets in the UK is governed by both the Common Law of Confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018.

A trade secret is characterised by being confidential information, possessing commercial value due to its secrecy, and having undergone reasonable measures to maintain its confidential status.

For information to qualify for protection as a trade secret, it must also be not generally known or easily accessible.

The Trade Secrets (Enforcement, etc.) Regulations 2018, which implement the EU Trade Secrets Directive, offer additional safeguards for trade secrets.

These regulations establish a statutory framework for the protection of trade secrets, defining them as information not generally known or readily accessible within relevant circles, possessing commercial value due to its secrecy, and having been subjected to reasonable protective measures by the lawful controller of the information.

IP lawyers can help businesses to protect their trade secrets.

Intellectual property solicitors – Patents and confidential information

Patents are a key asset in protecting innovations and inventions. Intellectual property solicitors guide businesses through the patent application process, ensuring that their inventions receive legal protection. Additionally, they assist in maintaining the confidentiality of sensitive information during the patenting process, reducing the risk of leaks that could compromise a company’s competitive advantage.

Trademarks and trademark infringement

Trade marks are crucial for brand recognition. Intellectual property solicitors specialise in securing and protecting these identifiers. They help businesses to navigate the complexities of trade mark registration and enforcement, ensuring that their brands remain distinctive in the market.

In cases of trade mark infringement, these legal experts play a crucial role in enforcing a company’s rights through litigation or alternative dispute resolution methods.

Intellectual property solicitors – IP litigation and dispute resolution

Despite precautionary measures, intellectual property disputes can arise. Intellectual property solicitors, particularly specialists in the field, are well-equipped to handle IP litigation. They represent clients in court proceedings, alternative dispute resolution forums, and negotiations to resolve conflicts related to patents, trade secrets, and other IP assets.

Intellectual property dispute costs

The cost of an intellectual property solicitor can vary depending on a number of factors such as the experience of the solicitor, the complexity of the matter, the location of the solicitor, and the amount of time spent on the case.

It is important to discuss fees arrangements with your solicitor before engaging their services so that you have a clear understanding of the costs involved.

You may also wish to obtain a quote or estimate for the work you require to be done, and make sure to clarify any additional expenses or disbursements that may be incurred.

The general rule on costs in commercial litigation is that the losing party pays the winning party’s costs; however, the Court can apply their discretion in making an alternative cost order in litigation.

Should there be express costs awards stated within the damages settlement, then this will usually apply to the case, for example, if the main action was to be settled by way of Part 36 Offer.

The Court applies its discretion in making a Costs Order and will usually consider the following factors when assessing how costs are to be awarded:

• Conduct of the case before and during proceedings.
• The reasonableness of the issues raised.
• The way in which the issues in the case have been presented or defended.
• Whether the successful party has exaggerated their claim. 

Law firms typically bill clients on an hourly basis for their intellectual property services . As a client, you are responsible for paying these invoices, and the amount you owe will depend on the complexity of the case. If you win, the court will determine the amount you can recover from the other party.

If you can’t agree on the costs, the court will assess the level of costs you’re entitled to. This assessment can be based on the standard or indemnity basis. In some cases, fixed costs may apply, such as in residential possession and debt claims.

Given the uncertainty of the award or the amount likely to be recovered, it’s important to consider Alternative Dispute Resolution (ADR) before going to court. ADR methods, such as mediation and arbitration, can be a more cost-effective way to resolve commercial disputes.

If you are the successful party to commercial litigation, it is likely that you will be entitled to recover all or some of your legal costs incurred.

In this case, a Bill of Costs will need to be prepared and submitted to the paying party to recover your legal costs and disbursements. The paying party may wish to negotiate costs by serving their points of dispute, which you can further negotiate using points of reply.

If an agreement cannot be reached, parties may proceed to detailed assessment hearing to have their costs assessed by a Judge.

How can ARC Costs assist?

Selecting the right legal representation is critical in navigating the complexities of intellectual property law. Whilst ARC Costs can assist with the legal costs arising from an intellectual property dispute, we also maintain a network of specialist intellectual property lawyers and law firms who would be happy to assist in your case.

ARC Costs are highly experienced in advising and assisting with costs issues and disputes in different areas of law. As Costs Draftsman and Costs Lawyers, we can assist in your Commercial Litigation Costs issues.

If a costs award has been made, allowing you to recover costs from your opponent, we can assist with preparing a Bill of Costs on your behalf to ensure maximum recoverability. We can also assist in Costs Negotiations and represent you at detailed assessment proceedings which can determine the amount of costs you may be able to recover.

If you have been ordered to pay costs to your opponent, we can assist in disputing costs which may be sought and which you may deem to be excessive and unreasonable. We can do this by way of preparation of  Points of Dispute and also through negotiations to ensure you will only pay for costs which are reasonably incurred and not exaggerated.

Should you wish to discuss your costs query with us, please contact us on 01204 397302 or via email at info@arccosts.co.uk. Alternatively, you can complete our online query form and we will contact you to discuss your query further. We can provide expert legal advice on costs in our free, no obligation initial consultation.

We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.