Settlement of IP Disputes - A Bite-Sized Introduction

Introduction

With most intellectual property disputes reaching settlement before a costly trial, it is important to understand the implications of settlement and the common pitfalls in drafting and negotiating the settlement agreement.

Additionally, settlement is often not the end of the matter, because infringements frequently recur. If this happens, it is essential that the settlement agreement clearly protects the rights-holder’s position.

This short webinar will focus on achieving commercial objectives, understanding what the effect of an IP settlement is on subsequent infringement or validity disputes, the risk of enforced disclosure of settlements to third parties and ways to incentivise compliance.

What You Will Learn

This webinar will cover the following:

• Defining the scope of the settlement in sufficient detail
• The meaning and effect of ‘full and final settlement’
• The options for action when a settlement agreement is breached: are they confined to breach of contract claims?
• Remedies: is a choice of damages or an account of profits available?
• No-challenge clauses
• Confidentiality of settlements, and enforced pre-action disclosure of past settlements
• ‘Penalty’ clauses: what is permitted?

This webinar was recorded on 3rd June 2019