Prompt
IP Disputes AI prompts for lawyers
9 prompts you can paste straight into HAQQ or any other assistant. Every one is written out in full. Open it, copy it, change the bracketed parts.
Marketplace IP Complaint Handling Policy for RegulatorsPolicyEnterpriseCompliance / Due Diligence
You are counsel drafting a compliance policy for an online marketplace on how it handles complaints that sellers are infringing trademarks, copyright, patents or designs, written so that it can be given to a regulator in [Jurisdiction] or in another country where the platform trades. Take an analytical approach: for each procedure explain the legal reason for the step, the alternatives considered and the residual risk, so that a regulator can see the policy was reasoned and not just stated. Where the platform serves several countries, say which country's rules govern each step and how conflicts are resolved. Facts: the platform is [Platform Name]; sellers are [Seller Profile]; the categories most affected are [Product Categories]; the volume of complaints is [Complaint Volume]; the rights holders who complain are [Rights Holder Types]; the team that handles complaints is [Complaints Team]; the countries where the platform trades are [Trading Countries]. Deliverables: 1. A scope and definitions section that distinguishes the types of right and the types of complaint. 2. A notice-intake procedure, setting the minimum content of a valid complaint and the checks on the complainant's standing. 3. A triage and removal procedure, with timing, the evidence the platform needs and the treatment of obvious counterfeits. 4. A counter-notice and reinstatement procedure for sellers, with the criteria for restoring a listing. 5. A repeat-infringer and abuse-of-process section that covers false or bad-faith complaints. 6. A cross-border section on conflicting national standards, local-law takedown duties and what the platform does when they differ. 7. A record-keeping, transparency and escalation section, including what is reported to the regulator and when. 8. A governance section with an owner, a yearly review and the metrics the board sees. Mandatory rules: never invent a statute, article number, case name or citation; cite the named source for every rule, rate or deadline, or mark it unverified and flag it for local counsel. Do not state that the platform is exempt from liability or that a procedure satisfies a legal safe harbour without a named source. Name no more than three laws or regulators and only if you are certain they exist. Treat every removal as a decision that affects a seller's rights and say how it can be challenged.
Interim Injunction Research Memo for an IP ClaimMemoExpertResearch / Authorities
You are researching, for use before an English court, the law on interim injunctions in an intellectual property claim and writing a formal research memo that counsel can adapt into a note for the judge. The memo must be accurate about what is settled, candid about what is not and organised so that a judge can follow it quickly. Facts: the claimant is [Claimant] and owns [IP Right Description]; the defendant is [Defendant] and is alleged to [Alleged Infringement]; the relief sought is [Interim Relief Sought]; the claimant's delay since learning of the conduct is [Delay Period]; the harm said to be irreparable is [Alleged Harm]; the application is to be heard on [Hearing Date]. Deliverables: 1. A statement of the issues the court must decide, in the order it would decide them. 2. The legal test for the interim relief sought, set out in stages, with the source for each stage. 3. How the court is likely to treat delay, the adequacy of damages, the balance of convenience and the claimant's cross-undertaking, applied to the facts given. 4. Any special rule or practice for the particular right asserted, for example a registered right as against an unregistered one. 5. The strongest points for each side, including the points that cut against our client. 6. The authorities, in a table with their weight (binding, persuasive or merely illustrative) and whether you have read the full text. 7. The facts or evidence the court will expect to see in support, and any gap in what we hold. Mandatory rules: never invent a statute, article number, case name or citation; cite the named source for every proposition or mark it unverified and flag it for counsel to check against the primary text. Do not cite a case you cannot identify with certainty. Distinguish the law of England and Wales from that of Scotland and Northern Ireland where it matters. Do not predict the outcome. State the date to which the law is current and the duty of full and frank disclosure on a without-notice application.
German Patent Dispute Settlement Playbook for the BoardPlaybookEnterpriseNegotiate / Counter
You are counsel to a company accused of patent infringement in Germany and are preparing a concise negotiation playbook for its board. The board must see the leverage on each side, the decisions it reserves, and the points at which the plan changes. Facts: our company is [Our Company] and the patent holder is [Patent Holder]; the patent is [Patent Description] and the accused product is [Accused Product]; proceedings are at [Procedural Position] before [Forum]; the patent holder demands [Holder Demand]; our annual sales of the product in the relevant markets are [Product Revenue]; and the board's authority limit for settlement is [Settlement Authority]. Deliverables: 1. A one-page summary of the dispute and what the board is being asked to approve. 2. A leverage map for both sides, covering the risk of an injunction, the chance and timing of a separate validity challenge, and costs. 3. The effect of the court or forum and whether a parallel action before the Unified Patent Court or abroad changes the balance. 4. Settlement structures with their trade-offs: lump sum, running royalty, cross-licence, design-around period and sell-off period. 5. An opening position, a target and a walk-away point for each term, within [Settlement Authority]. 6. A sequence of moves with decision gates: what we do before the next hearing, what we offer if a validity challenge is filed, and when we escalate. 7. Interim risks to manage, such as enforcement of a provisional injunction and security, with a recommended response. 8. Communications rules: who may speak to the other side, to customers and to the market. 9. Board decisions needed now versus those delegated to management. Mandatory rules: never invent a statute, article number, case name or citation, and cite the named source for every rule, royalty benchmark or deadline, or mark it unverified and flag it for German patent counsel. Do not predict the outcome of the infringement or validity questions, and where the German courts and another forum could reach different results, describe both and do not choose. Keep every item concise and ready for a board paper.
Infringement Allegation Triage ReportReportStandardReview / Redline
You are a lawyer on the internal legal team triaging an allegation that the company infringes an intellectual property right, and you will write a concise report for your colleagues on how seriously to take it and what to do in the first two weeks. Facts: the allegation was made by [Claimant Name] on [Allegation Date] against [Accused Product or Activity] in [Jurisdiction]; the right relied on is [Right Asserted]; and the demand made is [Demand Made]. Deliverables: 1. A one-paragraph assessment of how serious the allegation is and why. 2. The questions that decide whether the claim has substance, with the information still needed for each. 3. An immediate action list covering evidence preservation, a holding reply and who to inform. 4. The main options, namely contest, negotiate, redesign or licence, with one line on the cost and risk of each. Mandatory rules: never invent a statute, article number, case name or citation, and cite the named source for every rule, limitation period or remedy you mention or mark it unverified and flag it for local counsel. Do not conclude that there is or is not infringement from the demand letter alone. Do not advise admitting anything in the holding reply.
Patent Cross-License Clause Negotiation Brief for the BoardClause / ScheduleExpertNegotiate / Counter
You are a lawyer advising the board of a company in the United States that is negotiating the settlement of a patent dispute through a cross-licence, and you will write a persuasive clause brief that explains to directors why the clause terms you recommend protect the company. Take into account United States federal patent law and the district courts, the Patent Trial and Appeal Board, antitrust limits on licence terms, and the effect of a licence on later transfers of the patents. Facts: our company is [Company Name] and the other party is [Counterparty Name]; the patents we hold are [Our Patents]; the patents the other side holds are [Their Patents]; the products affected are [Affected Products]; the pending litigation or challenge is [Pending Proceedings]; the economic terms proposed are [Economic Terms]; our key concern is [Key Concern]; and the board decision needed is [Board Decision]. Deliverables: 1. A one-paragraph recommendation to the board. 2. Recommended wording points for the scope of the licence, the field of use and the licensed products. 3. Recommended wording points on term, termination and what happens to the licence if a party is acquired. 4. Recommended wording points on payment, audit and most favoured treatment, if any. 5. Recommended wording points on release of past claims, covenants not to sue and the treatment of the pending proceedings. 6. Recommended wording points on assignment of the patents, so that the licence binds a buyer. 7. A table of the points the other side is likely to resist, with our fallback and the cost of conceding it. 8. A paragraph on the antitrust and competition limits on the terms, flagging any term that restricts pricing or output. Mandatory rules: never invent a statute, article number, case name, court decision or citation, and cite the named source for every rule, rate or deadline or mark it unverified and flag it for United States patent counsel. Do not promise that a clause will be enforced as written. Do not present a recommendation as certain where it depends on facts not supplied; state the assumption. Keep the tone persuasive but accurate, and do not overstate the strength of our patents.
Multi-Country Patent Enforcement Strategy Memo for the BoardMemoExpertStrategy / Scenario
You are advising the board of a company that holds a patent family and believes a competitor infringes it in several countries, and you are writing a persuasive strategy memo that recommends where and how to enforce. The memo must argue for a sequenced plan, not for suing everywhere at once. Facts: the patentee is [Patentee Name] and the patent family covers [Technology and Patent Family]; the suspected infringer is [Infringer Name], active in [Infringer Markets]; the products accused are [Accused Products]; the patentee's commercial priority is [Commercial Priority]; the budget for enforcement is [Enforcement Budget]; the validity risks known so far are [Known Validity Risks]; the infringer's likely response is [Expected Response]. Deliverables: 1. A one-page recommendation stating the lead jurisdiction, the order of the others and the reason the sequence wins. 2. A forum comparison across the countries in play, covering speed, cost, availability of interim relief, treatment of validity and infringement together or apart, and enforceability of the result. 3. How a ruling in the lead forum is likely to influence the others, and where it will not. 4. The validity counter-attack to expect in each forum and how to prepare for it. 5. Options for settlement and licensing, with the leverage each forum gives. 6. A budget and timeline by phase, with decision gates where the board can stop or escalate. 7. The risks of the strategy itself, such as invalidation, costs awards, counterclaims and effects on customers. 8. The conflicts between national procedures that the plan must manage, and how to resolve each. Mandatory rules: never invent a statute, treaty article, court name, case name or citation; cite the named source for every rule on jurisdiction, remedies or limitation, or mark it unverified and flag it for local counsel in each country. Argue for the plan but give the strongest argument against it. Do not state that the patent is valid or infringed; say what must be shown. Do not promise injunctions or damages. Where the facts do not say which countries are in play, ask first. This memo is a strategy discussion paper and is not legal advice on the company's specific situation.
Board Letter Explaining a German Cease-and-Desist WarningLetter / EmailAdvancedExplain / Advise
You are explaining to the board of a company that has received a cease-and-desist warning from a competitor in Germany, known as an Abmahnung, what it means and what the company must decide. Write a short letter to the board in concise language, with no legal jargon the directors cannot follow. Facts: the company is [Company Name] and the sender of the warning is [Sender Name]; the warning alleges [Alleged IP Infringement]; it demands [Demands Made] by [Deadline Given]; it encloses a draft declaration to stop and pay a penalty if the conduct recurs, which says [Draft Declaration Terms]; the company's use of the disputed sign, work or product is [Company's Use]; the sender's claim for legal costs is [Costs Claimed]. Deliverables: 1. A paragraph explaining in plain words what an Abmahnung is and why it is usually the step before a court application for an injunction. 2. The three options open to the board: comply, respond with a modified declaration or reject, with the main consequence of each. 3. Why the deadline matters and what can happen if it passes, including the possibility of a fast interim court order. 4. A caution about the draft declaration, explaining that a signed declaration to stop can bind the company for a long time and may be wider than the alleged conduct. 5. The decision the board must take now, who should take advice and the information needed first. Mandatory rules: never invent a statute, section number, case name or citation; cite the named source for every rule, time limit or costs principle, or mark it unverified and flag it for local counsel in Germany. Do not tell the board to sign or to refuse. Do not say that the claim is well founded or baseless. Say that the deadline should be confirmed with German counsel at once and that nothing should be signed before then. This letter is general explanation for directors and is not legal advice on the company's specific situation.
Concise Status Report on an Indian Trade Mark SuitReportExpertSummarize / Extract
You are summarizing the status of a trade mark infringement and passing off suit in India for the client who brought it, in a concise report. The suit has interim and final stages, more than one defendant and a counterclaim to cancel the mark, so the report must give the client one clear picture of where each stands. Facts: the client is [Client Name], owner of the mark [Trade Mark] registered for [Goods or Services]; the suit is before [Court Name] against [Defendants] and was filed on [Filing Date]; the claims are [Claims Made]; the interim relief sought and its status are [Interim Relief Status]; the defendants' answer and counterclaim are [Defence and Counterclaim]; the orders and filings so far are pasted below [Orders and Filings]; the next hearing date is [Next Hearing Date]. Deliverables: 1. A five-line status snapshot: stage, last order, next step, next date and what the client must do before it. 2. A timeline of orders and filings to date, in date order, each with one line on its effect. 3. The state of the interim application, including any undertakings, deposits or conditions that bind either side. 4. The counterclaim against the mark, with the grounds raised and the evidence the client will need. 5. Costs incurred and likely next costs, if the figures are in the file. 6. A list of open risks and decisions for the client, ranked, with one sentence each. Mandatory rules: never invent a statute, section number, case name, order number or citation; cite the named source for every rule or time limit, or mark it unverified and flag it for local counsel in India. Report only what the pasted orders and filings show, and write not shown where a point is missing. Do not predict the result. Do not describe an interim order as a final finding. Keep the client's privileged advice out of any text shared with the defendants. This report is not legal advice on the client's specific situation.
Board Enforcement Playbook for UK IP InfringementPlaybookAdvancedStrategy / Scenario
Prepare an analytical strategy playbook for the board of [Company Name] on how to respond to a suspected infringement of its intellectual property in the United Kingdom, setting out the options and recommending one. The board will decide on cost and commercial effect, not legal detail, so keep the analysis tied to those. Facts: the right concerned is [IP Right and Number]; the suspected infringer is [Alleged Infringer]; the conduct complained of is [Infringing Conduct]; the commercial objective is [Commercial Objective]; the budget ceiling is [Budget Ceiling]. Deliverables: 1. An options table covering doing nothing, a letter before action, a negotiated licence or coexistence deal, an administrative challenge or opposition route, and court proceedings, each with cost range drivers, likely duration and the realistic outcome. 2. A strength assessment of the right and of the infringement case, with the evidence still needed and the weakest point. 3. The risks of acting: a counterclaim that the right is invalid, exposure for unjustified threats, adverse costs, and effect on commercial relationships. 4. A recommended sequence of steps with decision gates and the budget released at each gate. 5. A one-page decision summary for the board with the recommendation, the main risk and the trigger for changing course. Mandatory rules: never invent a statute, article number, case name or citation; cite the named source for every rule, rate or deadline or mark it unverified and flag it for local counsel. Do not state costs or damages as figures unless you cite where they come from. Say which forum or tribunal suits which claim and why, and mark the thresholds that decide it as unverified. Do not assume infringement; treat it as an allegation to be tested. This playbook is not advice on the company's specific dispute.