Clyde Co Guide to Superyacht Law - Sixth Edition

In terms of the protection of IP in the US, as a World Trade Organization member the US is committed to certain minimum IP protection standards. There are many similarities between the respective IP law frameworks in the US and UK, though it is always recommended to seek legal advice from US lawyers in order to ensure adequate protection of IP there. • Be aware of the difficulties in protecting IP rights (particularly in an international context, which the superyacht industry almost invariably is) — certain types of claims (such as copyright infringement) can be extremely difficult to prove, and it is much better for a designer to protect their IP pre-emptively (such as by registering design rights) than to address the issue for the first time only once infringement occurs. • There are also other kinds of claims that touch on IP rights, such as the tort of passing off.

If things do go wrong, take prompt action to protect your rights. There are different forms of dispute resolution common to IP disputes and our IP lawyers can advise you on the best strategy to adopt should your intellectual property rights be misused or infringed, from negotiating

commercial resolutions to the commencement of legal proceedings.

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