Guidance

IP crime and enforcement for businesses

Updated 28 April 2025

© Crown copyright 2025

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/ip-crime-and-enforcement-for-businesses/ip-crime-and-enforcement-for-businesses

1. IP rights infringement overview

IP crime and infringement.

IP rights are infringed when a product, creation or invention protected by IP laws are exploited, copied or otherwise used without the permission or consent of the person who owns those rights or their representative.

It can range from using technology protected by a patent to selling counterfeit medicines/software, copying a film and making it available online to selling counterfeit goods including clothing, makeup, and DVDs. All these acts will constitute a civil infringement. However, in the case of trade marks, designs and copyright the act may also constitute a criminal offence if it’s conducted in the course of a business.

A detailed list of IP offences including the respective penalties are available.

Copyright is usually infringed when someone carries out any of the acts restricted by copyright without the rights holder permission, whether in respect of the whole or a substantial part of the work.

The author of a copyright work has the exclusive right to authorise or prohibit the following acts also known as economic rights: reproduction, distribution, rental and lending, public performance, communication to the public by electronic transmission including broadcasting, adaptation.

Authors also have moral rights which protect non-economic interests. This includes the right to attribution, the right to object to derogatory treatment of a work, the right to object to false attribution and the right to privacy of certain photographs and films.

1.2. Patent infringement

Infringing a patent means manufacturing, using, selling or importing a patented product or process without the patent owner’s permission. The owner of a patent can take legal action against you and claim damages if you infringe their patent.

1.3. Design infringement

By registering a design the proprietor obtains the exclusive right for 25 years (provided renewal fees are paid every 5 years) to make, offer, put on the market, import or export the design, or stock the product for the above purposes.

These rights are infringed by a third party who does any of the above with the design, for commercial gain.

1.4. Trade mark infringement

If you use an identical or similar trade mark for identical or similar goods and services to a registered trade mark, you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks, although different, identify the goods or services of one and the same trader.

Where the registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark.

There is no available remedy for trade mark infringement if the earlier trade mark is unregistered. However, some unregistered trade marks may be protected under Common Law and this is known as passing off.

2. What to do if accused of infringing someone’s IP Rights

If you are accused of infringing IP rights, the rights holder may wish to take action against you through the civil courts. Other methods can be used to resolve disputes, including mediation, the use of ‘cease and desist’ letters or by seeking an arrangement to use rights owned by others. You should be aware that you may be liable for damages relating to any proven infringement.

Copyright is usually infringed when someone carries out any of the acts restricted by copyright without the right holder permission, whether in respect of the whole or a substantial part of the work.

If you receive a notification of copyright infringement via letter, email, phone call or similar, you should take time to understand the allegation and try to determine the validity of the claim. Do not ignore it.

2.2. Allegation of patent infringement

Infringing a patent means manufacturing, using, selling or importing a patented product or process without the patent owner’s permission. The owner of a patent can take legal action against you and claim damages if you infringe their patent.

If you receive a notification of patent infringement, seek professional advice from a patent attorney or solicitor as soon as possible.

2.3. Allegation of design infringement

Designs rights are infringed by third parties that make, offer, put on the market, import or export a design, or stock the product for the aforementioned purposes for commercial gain.

If you receive a notification of design infringement, seek professional advice from an IP attorney or solicitor as soon as possible.

2.4. Allegation of trade mark infringement

Registered trade mark: If you use an identical or similar trade mark for identical or similar goods and services to a registered trade mark - you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks, although different, identify the goods or services of one and the same trader.

Where the registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark.

Unregistered trade mark: There is no available remedy for trade mark infringement if the earlier trade mark is unregistered. Some unregistered trade marks may be protected under Common Law and this is known as passing off.

If you receive a notification of trade mark infringement, seek professional advice from a trade mark attorney or solicitor as soon as possible.

3. How to enforce your intellectual property

Intellectual Property (IP) is valuable because it protects your ideas, creations and business identity. However, others might misuse or copy your IP without permission. In the UK there are several ways to protect your IP. This guide explains how to protect your IP, and the steps you can take if you think someone is infringing your IP.

3.1. Take proactive steps to protect your IP

Register your IP

Some IP, including trade marks and patents, requires registration. These are registered with the UK Intellectual Property Office (IPO).  This can strengthen your case if you need to enforce your IP later. Apply to register your IP at the IPO.

Mark your IP

Letting others know that your IP is protected can discourage infringement.

Do an IP audit

It is important to know the value of your IP which will help you decide when to enforce your IP. There are several ways to estimate how much your IP is worth.

Protect your IP at the UK border

You can request Border Force to detain goods suspected of infringing your IP, to prevent them entering the country. Apply through the Government Gateway.

Send a cease-and-desist letter

If someone is using your IP without permission, your first step might be to notify them.  With legal advice, you may be able to send a cease-and-desist letter telling them to stop and explain how they are infringing your IP. This can often resolve the issue quickly without further action.

IPO Tribunals

You can use the IPO’s Trade Marks Tribunal to challenge a new trade mark application or cancel an existing registration, for example, if it’s not being used.

Disputes relating to patents and designs can also be heard by the IPO, this includes declaration of non-infringement for patents and design invalidation.

The IPO supports the Copyright Tribunal, which adjudicates in commercial licensing disputes between collecting societies and users of copyright material in their business. It does not deal with copyright infringement cases or with criminal ‘piracy’ of copyright works.

The IPO also supports the Company Names Tribunal, which adjudicates company name disputes. This includes when a company name is registered for the primary purpose of preventing someone else with legitimate interest from registering it.

Before acting, consider getting legal advice from someone who specialises in IP, for example:

CITMA runs free online advice clinics for trade mark proprietors on an appointment basis, whereas CIPA offers a similar service for patent owners.

3.3. Consider pre-litigative action

Resolving disputes out of court

If possible, try to settle any IP dispute through alternative dispute resolution, such as negotiation or mediation, which can save time and money.  The IPO’s mediation service uses a neutral third party to resolve the dispute. Other individuals and organisations offer similar services.

Notice and takedown

Many online platforms have tools that allow you to report and remove content that infringes your IP. The IPO provides further guidance on tools provided by e-commerce stores.

Licensing

Sometimes disputes can be resolved by granting the infringer permission to use your IP under agreed terms, often through a licensing agreement.

Get an opinion on your case

For patent disputes, you can ask the IPO for a non-binding opinion.  This can help you decide whether to take further action.

Civil action: You can take someone to civil court if they are infringing your IP.  This can involve asking for an injunction to stop the infringement, seeking compensation (damages) for your losses and a contribution to your legal costs. 

Criminal action: In cases of serious or largescale infringement, such as counterfeiting or piracy, you can also consider criminal action.  This could lead to fines or imprisonment for the infringer.

The most appropriate legal route will depend on the circumstances of the infringement. Criminal law seeks to punish for an offence, while civil law seeks to achieve a remedy, such as compensation. It is possible to initiate a civil case while criminal proceedings are ongoing. Civil action can also be pursued following a criminal process.

3.5a. Criminal action

Report IP crime

Report IP crime through Citizens Advice in England and Wales, Advice Direct in Scotland or Consumerline in Northern Ireland. It will be referred to Trading Standards, who are primarily responsible for enforcing IP in the UK.

You can also report IP crime to the Police Intellectual Property Crime Unit or Action Fraud.

Criminal charges may be brought by the Crown Prosecution Service if the case is strong enough. Read more about IP infringing offences and criminal penalties at the Crown Prosecution Service.

Private Criminal Investigation

In some cases, you can pursue a private prosecution, which can allow you to have more control over the case and for it to be solved more quickly.  However, this can be expensive and might eventually be handed over to public authorities. You should carefully consider whether this is the appropriate route. Further information regarding private prosecution is available at the Crown Prosecution Service.

3.5b. Civil action

The Intellectual Property Enterprise Court (IPEC)

IPEC is a part of the High Court. It specialises in IP disputes and is a lower cost option for SMEs and entrepreneurs. The court offers two options: a small claims track for simpler cases and multi-track for more complex ones.

Small Claims Track (SCT): For simpler, lower value cases (under £10,000), the small claims track provides a quicker less formal process with lower fees.

Multi-track: For cases where damages are up to £500,000 with costs capped at £60,000. As it tends to involve more complex disputes, you may wish to seek legal advice when using the multi-track. Further details can be found in the Intellectual Property Enterprise Court Guide

The High Court

Complex and high value (exceeding £500,000) cases will be heard in the general High Court. Cases involving patents or registered designs will be heard by the Patents Court. Trade mark and copyright cases are heard in The General IP List.

Scotland and Northern Ireland

In Scotland and Northern Ireland their respective courts, the Court of Session and the Chancery Division of the High Court of Northern Ireland, hear IP cases. There are no limits to legal costs or damages you can claim.

4. Risks for businesses

IP rights infringement and in particular IP crime threaten legitimate businesses, their staff, and undermines consumer confidence. Your business may face a number of risks if you do not take appropriate steps to tackle IP crime within your working environment.

Failure to address the problem could leave you and your business liable and at risk to civil and/or criminal action. Under civil law, you may be subject to court action and have to pay damages. Criminal action may lead to unlimited fines, or a custodial sentence (which could be up to a maximum of 10 years). You may also be vulnerable to threats from computer viruses and malware.

You need to think about not only the way your business is conducted, but also be aware that the behaviour of your staff and their actions at work may also incur liability for the organisation as a whole.

4.1. Tools to help your business

The Supply Chain Toolkit produced by the IP Crime Group helps individuals and businesses to be aware of the growing risk from counterfeit goods getting into business supply chains. It also provides guidance on how to protect your IP assets and what to do if things go wrong.

The Trading Standards Business Companion site provides information for businesses and individuals that need to know about trading standards and consumer protection legislation.

The guidance on Protecting Intellectual Property Rights on e-commerce stores provides information on the specific tools developed by e-commerce platforms which allow intellectual property rights holders to report and remove infringing listings to protect their brands

5. How to report IP crime

Citizens Advice or call 0800 144 8848.

For a Welsh-speaking advisor call 0800 702 2020.

If you wish to remain anonymous, contact Crimestoppers or call 0800 555 111.

Your local Trading Standards authority is the leading agency enforcing criminal IP legislation. If you have concerns or are aware of any person or business that may be involved in IP crime, you can contact one of the organisations above.

Please note that if you have a complaint about goods or services, please contact Citizens Advice for information and advice. Trading Standards cannot help members of the public with specific complaints or advice about goods or services.

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