Little guys can enforce their IP rights
It’s a common complaint — ok, so why should we bother obtaining that patent / trade mark / design / etc when we will not be able to enforce if a big entity decides to ignore it.
No, No, No, No and No
Ok — first, IP rights are assets, so you can use them in so many other ways apart from enforcing them. They add value — but more on that on (many) other days.
Back to enforcing your rights.
1 – Litigation funding is a growing trend — it was traditionally severely restricted due to the common law rules of Maintenance and Champerty. However, this is decreasingly a problem.
That means someone else will fund your litigation in return for a % stake in your damages award. Like a patent troll, but they don’t own the IP.
Here are some other options:
2 — choose a country where it is cheap and get a strategic decision early — see the article on ‘Value for Money in Global Patent Litigation’ on my Articles page
3 — partner with a big guy;
4 — sell your rights to a patent troll;
5 — take offensive IP insurance (well before there is a problem);
6 — securatize your litigation;
7 — there are more