Open letter complaining that your IP rights have been infringed

What’s an open letter complaining that your IP rights have been infringed and when do you need one?

This one of potentially two, first communications in our suite of templates covering the infringement of your intellectual property rights by someone else.

When would you send it?

  1. Before you send any correspondence offering to accept any form of settlement terms (such as those set out in our first letter complaining that your IP rights have been infringed). You may, of course, never decide to send any such additional settlement proposal letter, or

  2. Potentially at the same time or very shortly after our first letter complaining that your IP rights have been infringed - if you have decided to include the settlement wording presented as a drafting option in that separate template letter, which is labelled as a ‘without prejudice’ letter (see more on what this means below), or

  3. At any time between sending the first letter of complaint and sending the third letter of complaint, if you decided to include that settlement wording in those letters.

If you did not decide to include the settlement wording and without prejudice label in your first and subsequent letters…

You do not need to send this open letter, but you must ensure that the other template letters remove the without prejudice label and do not refer to settlement terms in them.

This open letter template does not contain the ‘without prejudice’ label contained in the first letter complaining that your IP rights have been infringed or the optional settlement wording at the end of that first letter template.

That omission is very deliberate.

Because the open letter has no without prejudice label, the open letter is not protected from disclosure in a court/formal claims process – while a ‘without prejudice’ letter (like the format of the first letter complaining that your IP rights have been infringed) is designed to be confidential to the parties.