An IP dispute should begin with a clear assessment, not an automatic lawsuit.
GVCO IP helps rights owners and businesses examine the legal and commercial position, preserve the relevant record and choose a proportionate enforcement or defence strategy.
Before action is taken, the business should identify the right relied upon, confirm ownership, understand the conduct complained of and assess the available evidence, urgency, commercial impact and intended outcome.
Depending on the matter, the appropriate route may be a platform complaint, negotiation, a formal demand, engagement with enforcement authorities or court proceedings through appointed litigation counsel.
Pre-litigation assessment
Review the relevant registrations, ownership record, competing rights, alleged conduct, defences and commercial objective before committing resources.
Evidence and technical record
Organise screenshots, test purchases, specimens, agreements, prosecution history and supporting documents before online material or market evidence changes.
Litigation coordination
Where proceedings are required, support the appointed advocate and solicitor with portfolio history, IP records, technical instructions and liaison with the client.
Test the strength and purpose of the case first.
The right first step depends on evidence, urgency and leverage.
Not every infringement requires immediate court action. A measured escalation plan can protect the position while keeping cost, timing and commercial relationships in view.
Online and platform action
Prepare notices or takedown complaints for websites, marketplaces and social platforms using the available proof of ownership and infringement.
Formal demand
Place the other party on notice and seek cessation, removal, undertakings, disclosure or other appropriate corrective steps.
Negotiated resolution
Explore settlement, coexistence, licensing, transfer or structured undertakings where a commercial outcome is preferable.
Authority engagement
Where suitable, prepare the IP record for complaints or coordinated enforcement with the relevant Malaysian authorities.
Court proceedings
Work with appointed litigation counsel where injunctions, declarations, damages, an account of profits or other court relief may be required.
Effective litigation support connects the IP record with the legal strategy.
GVCO IP can support appointed litigation counsel by organising registrations, prosecution history, chain-of-title documents, market evidence and technical instructions relevant to the dispute.
Court representation and legal conduct of proceedings are undertaken by the instructed advocate and solicitor. This division keeps the rights portfolio, evidence and litigation strategy properly coordinated.
Support across brand, creative, technology and commercial IP disputes.
What should be done when infringement is discovered?
Move quickly enough to preserve the position, but not before the right, evidence and objective are understood.
What should I preserve first?
Keep clear screenshots with URLs and dates, copies of listings and seller profiles, purchase and delivery records, specimens, advertisements, communications and any evidence showing confusion or commercial impact. Do not rely on a live webpage remaining available.
Should a demand letter always be sent?
Not necessarily. A demand may be appropriate, but timing depends on urgency, the risk of evidence disappearing, the identity of the other party and whether an application for urgent relief is being considered. The strategy should be assessed before contact is made.
Can an unregistered brand still be protected?
A registered trademark generally provides a statutory infringement route. An unregistered brand may still have possible protection through passing off, but the owner must prove the necessary goodwill, misrepresentation and damage on the facts.
Does GVCO IP represent clients in court?
GVCO IP provides IP portfolio, evidence and coordination support. Where court proceedings or formal legal representation are required, the matter is conducted by an appointed advocate and solicitor, with GVCO IP supporting the IP and technical record as appropriate.
Preserve the evidence before the position changes.
Send us the registration details, relevant links, screenshots and a short timeline. We will help identify the appropriate assessment and enforcement route.
Important: This page provides general information only and does not constitute legal advice. The appropriate strategy and available remedies depend on the facts, evidence and applicable law. Court representation is subject to the appointment of a qualified advocate and solicitor.