Imported product accused of UK IP infringement?
Get advice from a UK intellectual property specialist promptly. Preserve the allegation, product samples and sales records, then assess the claimed right before admitting liability or agreeing terms. Discuss sales controls, settlement and any court response with your adviser. Factory evidence can be gathered by Cambridge China Bridge.
Put the allegation in a specialist’s hands
Do not leave the letter unanswered. Ask a solicitor specialising in intellectual property to review it promptly, involving a patent or trade mark attorney where appropriate. Send the complete correspondence and flag any stated deadline, court papers or demand to stop selling. Ask the adviser to handle the substantive response before you admit infringement, pay compensation or sign an undertaking.
Appoint someone in your business to coordinate records and instructions. Ask the adviser whether to pause listings, dispatches, production or replenishment while the claim is assessed. Check your existing insurance documents and ask the insurer about notification and approval arrangements before commissioning work.
Identify the right and test the allegation
Ask the claimant to identify the precise UK right, its owner and the product features or activities said to infringe it. Request registration details where relevant, copies of the material relied on and a clear comparison with your product. For a claim without registration details, ask what evidence supports the asserted right and ownership.
Have your adviser assess ownership, current status, validity, scope and the alleged infringement separately. Ask which product version, packaging, image, listing or sales activity is actually disputed. Do not treat a factory’s assurance that the item is its own design as the assessment. Preventive sourcing arrangements are covered in protecting your IP and tooling.
Preserve the product and supply history
Keep dated copies of listings, packaging, artwork, drawings, specifications and correspondence. Retain samples of the version actually sold, not just the latest factory sample. Assemble purchase orders, shipment records, stock locations, sales records and any permissions or licences supplied with the product. Preserve originals before changing disputed material.
Ask the factory for the design history, source files, revision records and details of who supplied the disputed feature. Record gaps rather than filling them with assumptions. Keep supplier discussions factual and coordinate disclosure with your adviser. For future sampling discipline, see minimum orders and sampling.
Compare settlement and mediation options
The IPO dispute-resolution guide explains that parties may resolve a dispute by agreeing terms for using the intellectual property. Ask your adviser to compare a negotiated permission arrangement with changing the disputed feature or withdrawing the affected product. Set out your stock position, pending orders and commercial priorities before making an offer.
A mediator helps the parties reach a solution rather than deciding who is right. Ask about the IPO mediation service if direct discussions stall. Have your adviser review proposed terms covering existing stock, future sales, territories, payments, costs and the claims being settled. Make sure the factory can implement any agreed product change before promising it.
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Prepare for court and control the restart
If settlement fails or court papers arrive, give them to your adviser promptly and agree who will manage the response. For proceedings in England and Wales, court choice depends on the nature, complexity and value of the claim. Ask whether the Intellectual Property Enterprise Court or High Court is appropriate, and request a written assessment of the defence, budget, timetable and commercial exposure.
Before restarting supply, obtain your adviser’s assessment of the proposed product and settlement position. Give the factory an approved revision brief, retain the changed sample and check that packaging and listings match it. If the investigation also identifies a safety issue, use the separate guide to recalling imported products.
Frequently asked questions
Should I stop selling after an IP complaint?
Ask your IP adviser promptly whether to pause sales, dispatches or production. Show them the allegation and affected stock position. Preserve samples and listing copies before making changes.
Does the factory’s own-design assurance settle the claim?
Use it as material for your adviser to examine. Obtain dated drawings, revision history and supporting permissions, then assess the specific UK right and disputed product.
Can I settle an IP dispute without going to court?
Discuss negotiated terms for using the right, product changes or withdrawal with your adviser. Mediation can help the parties find an agreed solution.
What should I send an IP solicitor?
Send the complete allegation, deadlines, product samples or photographs, listings, design files, supplier correspondence, purchase and sales records, and any licences or permissions.