IP rights are essentially private rights. If someone infringes those rights, i.e. uses material without permission where there is no rule of law that might make such use legal, it is generally for IP right owners to use any remedies available under the civil law. For example, seeking injunctions and damages. However, in many cases it may be better to try and negotiate a solution to illegal use with the infringer before taking legal action.

The best approach must be carefully considered in consultation with legal or other professional advisers. Law societies can give you a list of suitable solicitors and patent or trade mark agents can also give advice.

In order to reduce the chances of people using your IP without your permission, you can make sure you bring the existence of IP to their notice in any dealings with them. If you put material protected by IP into the public domain, e.g. by publishing or selling goods you can mark it appropriately. Taking out an insurance policy to cover the cost of possible enforcement action could also be worthwhile.

If some IP rights are intentionally infringed on a commercial scale, there may also be the possibility of prosecuting that person for a criminal offence. Criminal offences exist in copyright, trade marks, performers rights and conditional access law. The circumstances need to be studied carefully to determine if the behaviour amounts to a criminal offence or a matter that can be resolved using the civil law.

The words counterfeiting, piracy and bootlegging are often used to describe the criminal behaviour. Where criminal offences may have been committed, an IP owner may pursue the matter themselves as a private prosecution, or report the matter to a public sector enforcer such as the police or trading standards office. Many IP owners concerned about criminal offences belong to an umbrella group, the Alliance Against Counterfeiting and Piracy, which may be able to offer advice.

Where goods infringing an IP right are being imported into the UK from a third country (i.e. a country outside the European Economic Area), it may be possible to ask HM Customs and Excise to seize the illegal goods.