How to draft a letter of claim in an IP dispute


Published by a ³ÉÈËÓ°Òô IP expert
Practice notes

How to draft a letter of claim in an IP dispute


Published by a ³ÉÈËÓ°Òô IP expert

Practice notes
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What is a letter of claim?

A letter of claim puts an alleged infringer on notice that court proceedings may be brought against them. A letter of claim is sometimes referred to as a ‘letter before action’ or a ‘cease and desist letter’.

This Practice Note explains how to draft a letter of claim in an IP dispute. It sets out the special considerations that apply to IP disputes and, in particular, the strategic issues that should be taken into account to reduce the risk of a claim for unjustified threats. It summarises the key contents of a letter of claim and sets out practical tips for drafting one. It also includes links to Precedent letters of claim for the core IP rights.

Whether it is appropriate to write an initial informal letter or begin communication with a formal letter of claim depends on the situation. An informal letter means that the proprietor of the IP rights is not tied to issuing proceedings, but it may cause delay if it then has to be followed

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