Intellectual property barristers
Your brand, content and know-how are often worth more than anything else your business owns. An intellectual property barrister helps you protect them, or defend yourself when someone says you have copied theirs.
What an intellectual property barrister does
Intellectual property barristers advise on and litigate disputes about rights in brands, creative works, designs, inventions and confidential information. Their clients range from start-ups and independent creators to established brands, technology companies, retailers and publishers.
Much IP work is about getting the right advice before spending money on litigation. A barrister can tell you whether a competitor's name or logo is close enough to infringe your trade mark, whether a product copies your registered or unregistered design, whether your content is protected by copyright, and what a claim is realistically worth. They can also advise on the risks of a cease and desist letter, since unjustified threats of infringement proceedings can themselves give rise to a claim.
When proceedings are needed, counsel drafts the particulars of claim or defence, advises on evidence such as consumer confusion and the history of a design, applies for urgent injunctions, and represents clients at trial.
Common intellectual property disputes
Trade marks
Infringement claims, oppositions and invalidity actions at the UK Intellectual Property Office, and appeals to the Appointed Person or High Court.
Passing off
Protecting unregistered brands and goodwill where a competitor misrepresents a connection with your business.
Copyright
Copying of text, photographs, software, music, designs and online content, and disputes over who owns commissioned work.
Designs
Registered and unregistered design right in product shapes and appearance, common in fashion, furniture and consumer goods.
Confidential information
Departing employees and partners taking customer lists, pricing or technical know-how, often with urgent injunctions.
Licensing and ownership
Disputes under licence, distribution and development agreements, and claims about who owns IP created in a business.
IPEC or the High Court?
Most small and medium-value IP cases are heard in the Intellectual Property Enterprise Court (IPEC), part of the Business and Property Courts in London. IPEC is designed to be faster and more affordable. Damages are capped at £500,000, and recoverable costs are capped at £60,000 for liability, which gives both sides certainty about their risk. Trials are usually short, often one or two days.
IPEC also has a small claims track for claims under £10,000 involving copyright, trade marks, passing off and unregistered designs, where costs recovery is very limited. Higher-value and more complex cases, including most patent disputes, are heard in the High Court, where costs are not capped in the same way.
Choosing the right forum is one of the most important early decisions. A barrister will weigh the value of the claim, the remedies you need and the costs risk before recommending a route.
What an IP barrister costs
Written advice on infringement or validity typically starts from around £1,500 to £3,000 plus VAT, depending on complexity and the volume of evidence. Drafting a letter before claim or a response is usually quoted at a fixed fee. Hearings in IPEC are often priced with a brief fee covering preparation, and a one-day hearing for experienced junior counsel generally starts from around £2,500 plus VAT.
Urgent injunction applications, multi-day High Court trials and work by senior counsel cost more. All fees are agreed in writing before work starts, so you know where you stand.
Instructing an intellectual property barrister
Businesses and creators can instruct IP barristers directly under the Public Access scheme, and trade mark and patent attorneys can instruct counsel in the usual way. Direct instruction often works well for advice, letters and IPO proceedings; for full litigation, counsel may suggest a solicitor or attorney to manage disclosure and evidence.
Send us a short summary, the rights involved and any letters received. We will match you with suitable counsel and confirm a written fee before you decide. Clerk & Counsel is an intermediary and clerking service; panel barristers are independent and regulated by the Bar Standards Board.
Before you contact us
Gather the evidence of your rights first: registration certificates, dated design drawings, first-use dates for a brand, and examples of the work you say has been copied. Keep screenshots of the infringing material with dates and URLs, and copies of any sales or marketing that show the goodwill in your brand. If you have received a letter, note the deadline for reply. With that material, counsel can give a focused opinion quickly, and you avoid paying for time spent piecing the history together. It also helps to know what outcome matters most to you, whether that is stopping the copying, recovering money, or protecting a product launch, because that shapes the strategy and the forum.
Common questions
Can I instruct an intellectual property barrister without a solicitor?
Yes, under the Public Access scheme, particularly for advice, letters and IPO proceedings. For full litigation, counsel may recommend a solicitor or attorney as well.
What is IPEC?
The Intellectual Property Enterprise Court is a specialist court for smaller IP claims, with damages capped at £500,000 and recoverable costs capped at £60,000, plus a small claims track for claims under £10,000.
Someone has sent me a cease and desist letter. What should I do?
Do not ignore it, but do not concede either. Get advice on whether the claim is valid and how to respond. Some threats are themselves unlawful.
Do you handle patent disputes?
We can place counsel for patent matters, though most patent litigation is in the High Court Patents Court and usually involves a patent attorney or solicitor.
How much does an IP barrister cost?
Written advice often starts from around £1,500 to £3,000 plus VAT and a one-day hearing from around £2,500 plus VAT for experienced junior counsel. Fees are agreed in writing first.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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