The document discusses the enforcement of intellectual property rights (IPR) in England, noting that unlike in continental Europe, the burden of enforcement falls on the owner, and litigation can be costly. It highlights the limited availability of 'no win, no fee' agreements for IPR cases and suggests considering IP insurance for owners. Additionally, it mentions alternative dispute resolution options like mediation and arbitration through various agencies, along with the option for copyright owners to join collecting societies.

1. EnforcementJane Lambertwww.nipclaw.com

2. Except forBootlegging

3. Counterfeiting, and

4. PiracyIP Infringement is no crime

5. So it is up to the owner to enforce his or her IPR.

6. Compared to continental Europe civil litigation is expensive in England.

7. Because success fee is insufficient incentive for risk, cost and delay, very few good IP lawyers will accept instructions on a “no win, no fee” retainer.

8. Most legal indemnity policies exclude IP cases so IP owners should consider IP insurance if they can afford the premiums.

9. Some copyright owners and performers can join a collecting society which grants licences on behalf of all its members in return for royalties which it divides between them and suing any user who fails to pay.

10. Some disputes can be referred to IPO Tribunals which award costs on a scale: who owns patent or patent application;

11. whether a product infringes a patent;

12. whether a patent is valid; whether a patent should be amended;

13. whether a trade mark should be or should have been granted

14. whether a design should have been registered; and

15. the terms of a licence to an unregistered design right for the last 5 years.IP Office Opinions on whether a Patent is Valid or whether it has been infringed under s.74A of the Patents Act 1977