Beyond the courtroom: IP litigation as a competitive tool

IP litigation drives market dominance and protects rights, but it requires balance with other strategies. Espie Angelica A. de Leon explores its advantages, challenges and strategic use for gaining a competitive edge.

There is more to intellectual property litigation than courtroom proceedings and winning the case. A party or business enterprise that gets a favourable ruling from the court does not just win the case and be awarded damages. It also gains the upper hand in the market by enhancing its competitiveness and position in the industry. Plus, it sends a positive message to consumers regarding its brand image.

“In case of regular litigation proceedings, the business would be required to shell a huge amount which may not always be optimal and advisable. It is, thus, important to evaluate any action in the context of returns with respect to competition and costs involved,” advised Kangan Roda, founding partner at illuminIP in New Delhi.