Intellectual Property Disputes in the UK: Trade Marks, Copyright & Patents

At a glance

• Limitation period for most IP claims: 6 years from the infringing act, under section 2 of the Limitation Act 1980 (copyright, trade mark infringement and passing off are all actions in tort).
• IPEC small claims track: for claims worth £10,000 or less; designed to be usable without a lawyer, and the loser rarely pays the winner's costs.
• IPEC standard procedure: total damages capped at £500,000, with published limits on recoverable costs at each stage — check the current Intellectual Property Enterprise Court guidance on GOV.UK, as the figures are periodically revised.
• Trade mark protection: 10 years from registration, renewable indefinitely in further 10-year blocks (Trade Marks Act 1994).
• Copyright: generally lasts for the life of the author plus 70 years (Copyright, Designs and Patents Act 1988).
• Registered designs: up to 25 years, renewed every 5 years (Registered Designs Act 1949).
• UK unregistered design right: whichever ends first of 10 years from first marketing or 15 years from creation, for shape and configuration; 3 years for surface appearance (supplementary unregistered design).
• Unjustified threats: a threat of infringement proceedings for patents, trade marks, registered designs or design right can itself be actionable if unjustified, under the Intellectual Property (Unjustified Threats) Act 2017.

What counts as an IP dispute

An intellectual property dispute is a disagreement over who is entitled to use, exploit or control a piece of intangible property. In England and Wales those rights fall into a handful of recognised categories: registered trade marks, copyright (which arises automatically), patents (which must be granted by the Intellectual Property Office), registered and unregistered designs, and the common-law tort of passing off, which protects unregistered goodwill in a name or brand.

Each right has its own rules about what it protects, how long it lasts and how it is enforced — there is no single "IP law" that covers all of them. Disputes generally arise in one of two ways: a rights holder discovers someone using their IP without permission, or a business receives a letter alleging that its branding, content or product infringes someone else's rights.

Most IP disputes in the UK are resolved long before a courtroom is involved — through correspondence, negotiation, a licence deal, or the Intellectual Property Office's own dispute-resolution routes. Working out which right is actually in play, and how long you have to act, is the starting point for almost every option that follows.

The rights in play

Trade mark infringement

A registered trade mark is protected under the Trade Marks Act 1994. Infringement broadly covers unauthorised use of an identical or confusingly similar sign for identical or similar goods or services, and — for marks with a reputation — use that takes unfair advantage of, or is detrimental to, that reputation even outside similar goods or services. A trade mark lasts 10 years from registration and can be renewed indefinitely in further 10-year blocks — see our guide to the trade mark registration process.

Copyright infringement

Copyright arises automatically under the Copyright, Designs and Patents Act 1988 as soon as a qualifying literary, dramatic, musical or artistic work (or film, sound recording or broadcast) is created — there is no UK register. Infringement means copying, issuing copies, performing, or otherwise dealing with the whole or a substantial part of a protected work without permission. Duration depends on the type of work; for most literary, dramatic, musical and artistic works it runs for the life of the author plus 70 years.

Patent infringement

A patent must be applied for and granted by the Intellectual Property Office under the Patents Act 1977 before any infringement claim can arise. Infringement covers making, disposing of, using, importing or keeping the patented product or process without the proprietor's consent. Patent disputes frequently also involve a counterclaim that the patent itself is invalid and should be revoked — the comptroller or the court has power to revoke a patent, or allow it to be amended, under sections 72 to 75 of the Patents Act 1977.

Registered and unregistered design rights

A registered design under the Registered Designs Act 1949 protects the appearance of the whole or part of a product, and lasts up to 25 years, renewed every 5 years. Two separate unregistered rights also exist: UK "design right" under Part III of the Copyright, Designs and Patents Act 1988 protects the shape and configuration of an article for whichever ends first of 10 years from first marketing or 15 years from creation; and "supplementary unregistered design" (introduced after the UK left the EU) protects the wider appearance — including colour, texture and ornamentation — for 3 years from the design first being made public in the UK.

Passing off

Passing off is a common-law tort, not a statute — it protects goodwill in an unregistered brand, name or get-up. To succeed, a claimant must establish the "classic trinity": goodwill built up in the mark, a misrepresentation by the defendant that is likely to confuse customers, and damage flowing from that confusion. It is often pleaded alongside a trade mark claim, and is particularly relevant where a business has never registered the mark it is trying to protect.

How long you have to act: limitation periods

Copyright infringement, trade mark infringement and passing off are all actions founded in tort, so the standard six-year limitation period in section 2 of the Limitation Act 1980 applies, running from the date each infringing act occurred rather than from when you found out about it. There is no separate "date of knowledge" extension for IP infringement claims in the way there is for some personal injury claims. In practice, a course of continuing infringement can generate a fresh limitation period for each new infringing act, but older acts can still fall outside the window — so acting promptly once you become aware of an issue protects your position, even if only by opening correspondence.

Before you go anywhere near court: the Pre-Action Conduct rules

There is no IP-specific pre-action protocol; instead, IP claims fall under the general Practice Direction on Pre-Action Conduct and Protocols, which sits alongside CPR Part 63 (the rules specific to how IP claims are issued and case-managed). The Practice Direction expects the claimant to write to the defendant setting out the basis of the claim and what is wanted, the defendant to respond within a reasonable time (14 days for a straightforward case, up to 3 months for a genuinely complex one), and both sides to exchange key documents and consider alternative dispute resolution before proceedings are issued. If a claim for the IPEC small claims track goes ahead, the particulars of claim must state whether the claimant has complied with paragraph 6 of the Practice Direction. Courts take non-compliance into account when giving directions and when deciding who pays the costs — so skipping this stage rarely pays off, even where a party is confident of the underlying legal position.

Cease-and-desist letters — and the unjustified threats trap

A well-drafted cease-and-desist letter, or a more conciliatory opening approach, resolves a large proportion of IP disputes without further escalation. But the letter has to be handled carefully. The Intellectual Property (Unjustified Threats) Act 2017 sets out when a communication threatening infringement proceedings for a patent, trade mark, registered design or UK design right can itself expose the sender to a claim — if the threat later turns out to be unjustified, the recipient (or anyone else affected, such as a retailer) may be able to sue for damages and an injunction against further threats. The Act deliberately protects certain "permitted communications" — for example, simply notifying someone that a right exists, without more — so a measured, factual letter focused on the alleged infringement is both lower-risk and more likely to open a constructive dialogue than a scattergun threat. See our guide to cease and desist letters for how to approach the drafting.

Resolving it without litigation: IPO routes and mediation

Trade mark opposition

If you learn of a conflicting trade mark application before it registers, the IPO's opposition procedure lets you object during a two-month window from publication in the Trade Marks Journal (extendable to three months by filing form TM7a). Opposition can be on absolute grounds under section 3 of the Trade Marks Act 1994 (for example, that the mark is descriptive or non-distinctive) or on relative grounds (a conflicting earlier right of your own). The parties can agree a cooling-off period to negotiate before the formal evidence rounds begin, and the IPO publishes guidance on the likely legal costs of opposition proceedings.

Patent and design disputes at the IPO

As well as running the application and registration process, the IPO's tribunal (the "comptroller") can hear certain patent validity and infringement questions, and has a dedicated hearings service for design disputes, as an alternative to going straight to court.

IPO mediation

The IPO runs its own mediation service, with accredited mediators covering the full range of IP disputes — patents, trade marks, designs, copyright and related commercial disagreements. Mediation needs agreement from both sides, but where it goes ahead it is generally faster and cheaper than litigation, and a large majority of sessions reach an agreement on the day.

Litigation: IPEC and the High Court

IPEC small claims track

For claims worth £10,000 or less, the IPEC small claims track is built to be used without a lawyer. Hearings are short and informal, and the losing party rarely has to pay the winner's legal costs — only limited fixed amounts. It handles copyright, unregistered design, passing off and trade mark disputes, but not patents or registered designs, which require more technical case management.

IPEC standard procedure

For higher-value claims, IPEC's standard (multi-track) procedure caps total recoverable damages at £500,000 and applies published limits on the costs a losing party can be ordered to pay, both overall and at each procedural stage. Always check the current Intellectual Property Enterprise Court guidance on GOV.UK and the relevant Civil Procedure Rules for the up-to-date figures, since costs caps have been revised periodically. The purpose of the caps is to make IP litigation genuinely accessible to smaller businesses, rather than exposing them to open-ended costs risk.

The High Court

Larger, more technically complex disputes — particularly higher-value patent cases — proceed instead in the Patents Court or the general Chancery Division of the High Court, where there is no equivalent costs cap and the procedure is closer to standard civil litigation.

Remedies if you win

Typical remedies in a successful UK IP claim include an injunction restraining further infringement, damages (compensating your loss) or, as an alternative, an account of the infringer's profits, an order for delivery up or destruction of infringing goods, and in some cases a publicity order requiring the losing party to publicise the judgment. A costs order against the losing party is also common, subject to the IPEC caps described above where the claim was brought there.

What to do next

1. Identify exactly what right is in play. A logo clash usually involves trade mark law, a copied brochure engages copyright, a knock-off product could raise design right or patent issues, and an unregistered brand dispute is likely to turn on passing off. Getting this wrong at the outset sends you down the wrong path entirely.
2. Gather your evidence while it's fresh. Registration certificates, dated drafts and metadata, correspondence, marketing materials and sales records all help establish ownership and the date you started using the right.
3. Check the limitation clock. Work out when the relevant infringing acts occurred and whether the six-year period under section 2 of the Limitation Act 1980 has already started running against you.
4. Consider the commercial reality, not just the legal position. Weigh the cost of pursuing the matter, the realistic damages available within any applicable cap, the other side's ability to pay, and the reputational angle.
5. Open the conversation carefully. A measured cease-and-desist letter, drafted with the Unjustified Threats Act in mind, resolves many disputes without further escalation.
6. Consider ADR before issuing proceedings. IPO mediation, negotiation and the Practice Direction on Pre-Action Conduct all exist to narrow or resolve the dispute before a claim form is issued — and courts expect to see that route genuinely explored.
7. Take advice early if the value or complexity is significant. Whether you are the rights holder or the party accused, an early, clear-headed view of your position tends to shape the outcome far more than anything that happens once proceedings are issued.

This guide provides general information about how intellectual property disputes are handled in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at July 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.