Breach of Intellectual Property Licence – Cease and Desist Letter

Breach of Licence Cease and Desist Letter

BS.RIPD.07
Intellectual Property rights, such as copyright, trademarks, patents and registered designs, are often licensed. This means that the owner of the rights allows another person or company to use the rights for specified purposes or for a particular project. We have a range of Licences in our Intellectual Property and Confidentiality Agreements group.

If the licensee acts in a way that is contrary to the terms of the Licence, e.g. by using the rights for a project that is not covered by the Licence, the licensor will need to take steps to ensure that the licensee stops acting in this way. A useful first step in enforcing your rights is to send the infringing party a cease and desist letter. If this does not have the desired effect it may be necessary to take legal action.

This Breach of Licence Cease and Desist Letter sets out the accusation of breach and asks the recipient of the letter to “cease and desist” from breaching the terms of the licence. There is an optional paragraph requiring the recipient to hand over any materials which have been created as a result of the breach. There is also a request for an undertaking from the recipient to desist from acting otherwise than in accordance with the Licence.

The letter warns that other legal remedies will be pursued if a response is not received by a specified date.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

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