Contractual disputes: Resolving IP issues in contracts
Your most valuable intellectual property (IP) assets are often governed by complex commercial agreements, such as licensing deals, non-disclosure agreements (NDAs), and joint venture contracts.
When a party fails to uphold its side of the bargain, it's more than just a breach of contract; it's a direct threat to the value and control of your IP and intangible assets.
A contractual dispute over IP is a high-stakes commercial fight to enforce your position, recover damages, and ensure your business can continue to commercialise its assets as originally planned.
Contractual disputes: How we assist you
Our team possesses deep expertise in both intellectual property law and commercial litigation.
We understand that a successful outcome requires a comprehensive review of the contract, a forensic analysis of the breach, and a commercially focused strategy to secure your best possible outcome.
We work tirelessly to identify the most efficient and effective path to a resolution, whether that is through negotiation, alternative dispute resolution, or, where necessary, litigation.
We have a proven track record of handling high-stakes contractual disputes, representing both businesses that are seeking to enforce their agreements and those who are defending themselves against a claim.
Our dual experience enables us to anticipate the strategies of the opposing side, regardless of which side of the dispute you are on.
Our unique capability in this area
Our unique capability lies in our ability to seamlessly blend deep contractual knowledge with a commercially focused litigation strategy.
We take the time to understand not only the legal terms of the agreement but also the commercial context and value of the IP assets at stake.
Our approach is designed to be laser-focused on achieving an outcome that protects your assets, preserves your commercial position, and allows your business to continue to succeed.
We provide clear, honest advice and will not pursue a dispute unless we believe there is a commercially sound path to success.
We are also well equipped as it relates to contractual review, ensuring that any obvious omissions or overreaches are addressed to ensure contracts are ironclad and performant into the future.
Contractual disputes: Common questions and answers
What are the most common contractual disputes involving IP?
Some of the most common disputes involve breach of licensing agreements (e.g. failure to pay royalties or exceeding the scope of the license), breach of NDAs (unauthorised use of confidential information), and disputes over IP ownership and assignment clauses (e.g. whether an employee or contractor successfully transferred the IP title to the company - causing a lack of clarity over whether the company actually owns the IP).
We have experience in both enforcing contractual terms in relation to breaches akin the above; as well as responding to claims made against individuals as it relates to the same.
What is the first step when a contract is breached?
The first step is a rapid contractual risk assessment.
We analyse the contract's specific terms to determine if a material breach has occurred, assess clauses relating to breach of contract provisions, and quantify the initial commercial damage.
We then prepare a highly detailed letter before action (LBA) to open correspondence with maximum leverage, seeking immediate resolution before issuing formal court proceedings.
In these kinds of scenarios, it has been proven that a comprehensive and complete approach is best in achieving the aims of a business - maximising the likelihood that a claim is resolved quickly and with less legal cost.
What kind of damages can I claim in an IP-related contract dispute?
The primary remedy is typically financial Damages, which may include losses directly resulting from the breach (lost profits, licensing fees owed) or costs incurred to rectify the breach.
In some cases, we may seek specific performance (compelling the other party to complete the contract) or injunctive relief (court orders to stop the breach, such as compelling the return of licensed material).
The most appropriate avenue for restorative relief is something that we identify with you based on the specific facts, the law, your preferred outcome and the strength of claim.
How does your litigation experience make your contract services superior?
Our firm's specialisation in litigation means that when we review or draft a contract, we do so with the scepticism of a trial lawyer.
We understand exactly which clauses (especially those related to termination, indemnities, and governing law) are most vulnerable under cross-examination.
This ensures that any agreement we enforce or draft is built to provide maximum clarity and defensibility when the contract inevitably faces commercial pressure.
As above, we are laser-focused on securing the ideal commercial outcome for our clients - and will not pursue litigation where it is not commercially appropriate.
Contractual disputes: Next steps
Is your business facing a contractual dispute involving IP? Whether you need to enforce your agreements or defend against a claim, use the calendar below to arrange an appointment with our team to assess your situation.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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