Intellectual Property Dispute Resolution
Advocate-led handling of trademark, copyright, patent and design disputes, from notice and settlement talks to court action.
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An intellectual property dispute arises when someone uses, copies or challenges your trademark, copyright, patent or design without permission, or when you are accused of doing the same. It affects brand owners, creators, product companies and software businesses. Disputes can often be resolved through a legal notice, negotiation or mediation, and some need a civil suit before the competent court. Our team organises the facts and evidence and supports the matter, and everything the law requires an advocate to sign or appear for is handled through a practising advocate who takes the case forward.
Who provides this service: our legal documentation team, with anything that requires an advocate handled through a practising advocate.
Who Needs Intellectual Property Dispute?
- Brand owners who find a copycat name, logo or packaging in the market
- Creators and agencies whose content, designs or software have been copied
- Product companies facing allegations of patent or design infringement
- Startups that need to establish ownership of work created by former employees or vendors
- Sellers whose listings were removed from an online marketplace after a rights complaint
Key Benefits
- Early assessment of whether you hold registered rights, unregistered rights or only a weak claim, so the strategy matches the facts
- Evidence preservation guidance covering screenshots, invoices, sales records, first-use proof and marketplace listings
- Legal notices drafted carefully so they state your rights without making claims you cannot support
- Negotiation and mediation options explored before litigation, which can save time where both sides want a business solution
- Coordination with a practising advocate for interim relief applications and suits before the competent court
- Support for the defence side as well, if you have received a notice alleging that you infringe someone else’s rights
How It Works
Intake and rights check
We listen to the dispute, review your registrations or proof of use, and check the other side’s rights on the public registers so the first advice is based on facts rather than assumption.
Preserve evidence
We help you collect and date-stamp the material that proves the issue: product samples, web captures, invoices, communications and marketplace pages, organised in a way a court can easily follow.
Notice and response
An advocate-reviewed notice is sent setting out your rights and demands, or a reply is drafted if you have received one. The tone is firm but measured, keeping the door open for a settlement.
Negotiation or mediation
Where both sides are open to it, we support settlement talks or mediation, including drafting terms such as coexistence, licence, phase-out of the disputed mark or withdrawal of listings.
Court action if needed
If settlement fails, your advocate evaluates a suit and any urgent interim relief before the competent court, including whether the matter is a commercial dispute and what pre-suit steps apply.
Follow-through
After a settlement or order, we help implement it by tracking compliance, updating registers, notifying marketplaces and recording any agreed licence or assignment with the relevant authority.
Documents Required
- Registration certificates or application details for the trademark, copyright, patent or design in question
- Proof of first use and continuous use, such as invoices, brochures and advertisements
- Screenshots, product samples and links showing the alleged infringement
- Correspondence already exchanged with the other party
- Identity and authority documents of the company or individual bringing the claim
- Sales, turnover and market presence records relevant to reputation
- Agreements with developers, designers or employees that show who owns the work
- Any earlier legal notices, objections or oppositions concerning the same mark or work
Timeline and Fees
Indicative timeline: A notice and response can move in days to a few weeks. Mediation and court proceedings depend on the authority, the court’s calendar and the other party, so no reliable fixed range can be given.
Professional fee: The fee depends on the type of right, the forum, the stage of the dispute and how much evidence work is needed. Court fees and advocate appearance charges are separate and explained before the matter is taken up.
What Can Go Wrong if This Is Missed or Done Incorrectly
- Delay in acting can weaken a claim for urgent relief and let the infringer build its own market presence
- Weak or poorly preserved evidence may make it hard to prove first use, copying or damage
- An overstated notice can invite a counter-claim for groundless threats or a challenge to your own registration
- Ignoring a notice or summons can lead to orders being passed in your absence
Frequently Asked Questions
What counts as an intellectual property dispute?
It is any conflict over rights in a trademark, copyright, patent, design or similar asset. Common examples are a competitor using a confusingly similar brand name, copying of website content or software, disputes over who owns work created by a freelancer, and claims that a product infringes a patent.
Should I send a legal notice before filing a case?
Often yes. A notice can end the issue quickly and shows you acted reasonably. However, where the other side could destroy evidence or cause fast damage, an advocate may advise approaching the court for urgent relief first. The right order depends on the facts of your matter.
Do I need to have registered the trademark to take action?
Registration gives the strongest footing, including the right to sue for infringement. An unregistered mark with real use and reputation may still support an action for passing off. The strength of that claim depends on proof of goodwill, so keep invoices and marketing records safe.
Which court hears an intellectual property case?
It depends on the right involved, the location of the parties and the value of the dispute. Many such cases are treated as commercial disputes under the Commercial Courts Act, 2015, and some matters go to the High Court. Your advocate will advise on the correct forum.
Is mediation compulsory before filing a commercial suit?
For commercial suits that do not need urgent interim relief, the Commercial Courts Act generally requires pre-institution mediation before the suit is filed. Where urgent relief is genuinely needed, an advocate can seek the court’s leave to proceed. Your advocate will check which route applies.
What if I have received an infringement notice?
Do not ignore it and do not delete evidence. Share the notice with us promptly so the claim can be checked against the registers and your own use. A considered reply, an adjustment to your product or branding, or a settlement may resolve it before it becomes a suit.
Official Sources
Rules, forms and fees change. Check the current position on the official portal:
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Speak with a qualified professional about your intellectual property dispute resolution requirements.
Last reviewed: . Laws, fees and procedures change; check the official portal before you act.
Disclaimer: The information on this page is for general informational purposes only and does not constitute professional legal, tax or compliance advice. Requirements vary by situation. Please consult a qualified CA or CS for advice specific to your needs. Government fees and timelines are subject to change; verify with the relevant authority before proceeding.