Choose your first move wisely. Source: Unsplash/jontyson

Robert Kramer

Should you cease and desist? How to respond to international IP litigation

Robert Kramer
6 minute Read

Growing your business into foreign markets can be a cause for celebration. It can also attract the unwanted attention of an overseas competitor. While it sounds like a first-world problem for a startup or mid-sized company here in Australia, that attention can come in the form of a cease and desist letter or a legal complaint alleging that you are infringing intellectual property (IP) overseas.

IP Australia warns of differences in “culture, politics and business etiquette” and that “the civil litigation process for enforcement [in the US] is considered to be more aggressive and expensive compared to Australia”. 

Why you're most likely to receive IP claims from the US


Infringements and thus anticipated recoveries are larger in the US.

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