Professional Third Parties
You may wish to use a third party to assist in enforcement of your copyright.
- A solicitor, trade mark attorney or other qualified advisor can advise you on the civil and criminal law applicable to your dispute, assist you in pre-action correspondence and with court action, and represent you in court or instruct a barrister (England & Wales, Northern Ireland) or advocate (Scotland) to represent you
- A mediator can assist you by listening to both parties to the dispute and offering an impartial, confidential forum in which to resolve the dispute without reference to the law. This is particularly useful if you are looking for a confidential forum or where legal remedies do not provide the ideal solution.
- An arbitrator can be appointed to listen to the dispute and make a confidential decision. An arbitrator usually has professional expertise in the particular subject matter of the dispute and both parties must agree to adhere to their decision.
A professional advisor will usually be able to help you find suitable professional advice in another country if required.
The first step is to be clear whether the work is protected by copyright and whether the infringing behaviour has any legal justification (e.g. under a copyright exception).
If you are reading this section you have probably received an email, letter, Pre Action Protocol correspondence or court summons from a copyright holder…
Choosing an appropriate dispute resolution mechanism depends on a number of factors. For example, you should consider the following…
In England and Wales, and Northern Ireland, parties are expected to try to resolve disputes before taking Court Action, for example by using a more informal dispute resolution mechanism.
Sometimes court action appears to be the only appropriate way to resolve a dispute. The Intellectual Property Enterprise Court Small Claims Track offers a dispute resolution option…