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Infringement And Enforcement Of Property Rights

Infringement And Enforcement Of Property Rights

Is someone infringing your patent, trademark or design? We help to enforce your rights

The business world is becoming increasingly fast-paced, and more and more people are resorting to illegally using the ideas, inventions, and designs of other entrepreneurs to make money. Fortunately, you can register patents, designs, and trademarks and provide them with official protection. Unfortunately, registering these property rights does not prevent them from being infringed upon. However, to enforce your property rights against infringers, highly specialized and competent assistance is essential.

What we do

  • Our in-house lawyer and patent attorney will issue warnings to infringers of your property rights in their capacity as legal professionals.
  • Our in-house lawyer will obtain a preliminary injunction in his capacity as a legal professional to ensure effective legal protection.
  • Our in-house lawyer represents you in court as an independent professional and conducts litigation against infringers of your patents, trademarks, or designs, for example, in the context of an injunction.
  • Our in-house lawyer enforces your right to appropriate compensation or damages as an independent professional.

Customs seizures & trade fair seizures

Is someone from a non-EU country importing goods into the EU or Germany that infringe on a patent or design owned by your company or a trademark registered here?

Customs border seizure is an effective method of countering these imports. To implement this effectively and successfully, our in-house lawyer works closely with the customs authorities, takes care of your applications, and accompanies your company throughout the entire process.

Our in-house patent attorney practices as a patent attorney independently in accordance with the German Patent Attorney Regulations (PAO) and is authorized, in particular pursuant to § 3 PAO, to advise and represent clients in all matters of intellectual property law (including national patent law, employee invention law, patent applications, searches, opposition and appeal proceedings, license and know-how agreements). Our in-house attorney advises and represents clients independently in all matters of trademark, design, and competition law, as well as general civil and contract law (in particular confidentiality agreements, injunctive relief claims, and license agreements). Our in-house lawyer will also act on your behalf at trade fairs if products infringing on your property rights from a non-EU country are exhibited there with the aim of placing them on the market in the EU or Germany.

Better be safe than sorry

To protect your intellectual property rights as early as possible and, above all, sustainably against possible infringements, we also monitor newly granted intellectual property rights for patents and trademarks.

After the publication of intellectual property rights, there is a period during which an opposition can be filed against the granting of the patent. A company can take this route if older (e.g., its own) property rights are infringed by the new registration or if a newly patented invention does not represent anything significantly new compared to a technical solution previously registered (e.g., by your company), i.e., it does not stand out from the state of the art and therefore cannot be protected by a patent.

We ensure that your opposition proceedings before the European Patent Office (EPO) are as promising as possible and that your company’s freedom of movement is restored. If the opposition period has expired, our in-house lawyer and patent attorney, as independent professionals, will initiate nullity proceedings to neutralize your opponents’ competing property rights.

Both methods, opposition and nullity proceedings, must be preceded by thorough research into existing property rights and the state of the art. We carry out this research for you to create a secure basis for further action.

Contact us or request a callback

+49 (0) 69 / 606 278 – 0 info@legal-patent.com Request a callback