Cross-border disputes
Cease-and-Desist and Foreign Enforcement
A cease-and-desist letter is one possible step, not a default remedy. Cross-border enforcement begins with jurisdiction, ownership, evidence, commercial objective, urgency, and the risk of counterclaims or declaratory proceedings.
Reviewed 11 July 2026
Validate the case
Confirm the right, owner, status, territorial coverage, alleged acts, responsible parties, limitation periods, contracts, exhaustion, nominative or descriptive use, exceptions, and available defences before alleging infringement.
Preserve evidence
Capture authenticated pages, source code or files where lawful, purchases, invoices, packaging, advertisements, communications, dates, geolocation, payment flows, and custody. Translation and expert evidence may be required.
Select forum and remedy
Consider platform or registry procedures, negotiated undertakings, interim relief, civil claims, customs, criminal routes, arbitration, and local proceedings. Service, jurisdiction, security, costs, disclosure, publicity, and enforceability of orders matter.
Preparation checklist
- Standing and chain of title
- Jurisdiction and responsible party
- Preserved evidence
- Defence and counterclaim analysis
- Commercial objective and settlement authority