Undertakings

When you suspect that a competitor is misusing your intellectual property, you may request that they agree to undertakings as part of the pre-action process. These legally binding promises ensure that the competitor ceases their infringing behaviour, with the option to bring a claim if they breach the agreement. Securing appropriate undertakings can provide assurance of compliance and enable you to enforce your rights effectively.

Conversely, your business might be asked to give undertakings if a competitor believes you have infringed their rights. This could be due to genuine concerns or an attempt to deter you from legitimate competition. Whether you’re facing undertakings brought against you or need to enforce them against a competitor, we can help—contact us to navigate these issues effectively and protect your interests.

How We Can Help

  • Requesting Undertakings: Advise on when and what to request as undertakings to protect your rights and ensure compliance without needing court intervention.
  • Responding to Undertaking Requests: Assess whether the requested undertakings are appropriate and help negotiate terms to avoid unreasonable or overly restrictive conditions.
  • Understanding Legal Implications: Explain the legal implications of agreeing to undertakings and the consequences of any breaches, ensuring you fully understand what you are committing to.
  • Enforcement Support: If a competitor fails to comply with their undertakings, we provide support to enforce compliance and protect your business from further harm.

Speak to a lawyer today

On 0121 233 4333 or request a callback

Why Choose Wilkes

By partnering with us, you benefit from:

  • Expert Guidance: Our experienced team, recognised by the Legal 500, advises on the best ways to protect your business from passing off and other intellectual property issues.
  • Cost-Effective Solutions: Secure undertakings as a robust and cost-effective way to address infringement without immediate court action.
  • Clear Advice: We provide clear, plain-English explanations of legal terms and implications, ensuring you make informed decisions.
  • Negotiation Expertise: Help negotiate undertakings to avoid overly restrictive terms and ensure they are fair and appropriate.
  • Comprehensive Support: From early intervention to full court representation, we support you in bringing a swift end to your competitor’s harmful conduct.

Meet the team

Partner, Dispute Resolution

Associate Solicitor, Dispute Resolution

Partner, Dispute Resolution

Speak to a lawyer today

On 0121 233 4333 or contact us below.

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