Choose your first move wisely. Source: Unsplash/jontyson

Legal
Robert Kramer

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

Authors
Robert Kramer
Legal
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

1

Infringements and thus anticipated recoveries are larger in the US.

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