Reading time: 3 minutes

If you are concerned that someone is infringing your intellectual property, you need to let them know! There are a number of ways that you can enforce your rights.

When choosing how to proceed, it is important to keep in mind the nature of the infringement, the value of the intellectual property, the nature of your rights and the costs involved.

Cease and Desist Letter

If you believe someone is infringing your intellectual property rights, you can send them a letter of demand.

The purpose of the letter of demand is to let the infringer know that you are the owner of the intellectual property, that they have infringed your rights, and what they need to do to avoid further action.

There are five items you need to cover in your letter of demand:

  1. Ownership – Explain to the infringer that you own or are the exclusive licensee of the intellectual property rights and, therefore, are entitled to enforce those rights.
  2. Infringement – Identify the conduct that constitutes infringement of the intellectual property rights and provide examples to the infringer.
  3. Law – It is useful to tell the infringer the specific sections of law that have been infringed so that they understand the basis for your letter.
  4. Time period – Give the infringer a period in which they need to respond. The response generally involves the infringer giving an undertaking that they will stop the infringing conduct, return your intellectual property if appropriate and provide you with information so that you can claim for compensation.
  5. Further action – You should let the infringer know what your next steps will be if they do not respond to your letter of demand within the specified time. For example, if they do not meet your demands, you will initiate legal proceedings against them.

Out of court settlement

Alternative dispute resolution is a quicker, cheaper and often more efficient way to resolve disputes relating to intellectual property.

Court action can be expensive and time-consuming, and will result in a win-lose situation. Alternative dispute resolution means that parties can be assisted in coming to a solution with which both parties can live.

You can be creative in your solutions as opposed to being handed down a decision by a court. Some courts may even order the parties to participate in alternative dispute resolution and if that fails, then taking action in court.

Court action

If your cease and desist letter is not responded to, you may wish to consider initiating legal proceedings. Bear in mind that legal proceedings relating to infringement are expensive, and you will need to be able to prove your ownership of the intellectual property and the other party’s infringement.


If you own intellectual property rights, and you believe someone is infringing them, you can enforce your rights. You should choose carefully how you assert your right and consider what action is the most appropriate for the situation. An intellectual property professional will help you assess the situation and determine what steps you can take.


New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards