When an infringement of an industrial or intellectual property right occurs, it is often important to take measures to protect such rights, whether they are trademarks, designs, patents or copyrights. Our intellectual property attorneys are experienced in assisting clients in their defence in intellectual property litigation, including trademark and patent litigation, as well as matters involving trade secrets, unfair competition, and domain name disputes under the UDRP. In relation to our litigation practice, we have extensive experience in national Trademark Courts, as well as in the Court of Justice of the European Union (CJEU).
When it comes to litigation matters involving intangible rights, it is not only important to have a legal team that is expert in IP litigation, but also in pre-litigation strategies that can help resolve conflicts before reaching court. Our lawyers are trained to provide advice and guidance at this crucial phase, which can often avoid lengthy and costly court proceedings.
Pre-litigation strategies in the field of industrial property include:
- Assessment of the strength of rights: Determining the strength of industrial property rights is essential. Our attorneys can evaluate the validity and scope of the trademarks, patents or designs involved.
- Notification of Infringement: A legal action is often initiated with written notification to the infringing party. This can open the door to negotiations and settlements before a lawsuit is filed.
- Negotiation and out-of-court resolution: Negotiating agreements outside of court is a common strategy for resolving disputes. Our attorneys can help negotiate fair agreements that protect your rights.
Frequently asked questions that clients often ask in this area include:
**2. What should I do if I believe someone is violating my rights?** In such cases, it is important to act immediately. Our team can guide you through the initial steps, such as collecting evidence and notifying the offending party.
**3. What damages can I claim in the event of a dispute? Damages in industrial property infringement cases can include economic losses and punitive damages. Our attorneys can help you determine potential compensation.
**4. How long does an industrial property litigation last? The duration varies depending on the complexity of the case and the jurisdiction. Our team is prepared to carry out an efficient process and support your case at all stages.
**5. What are my chances of success in litigation? Our attorneys will evaluate the strength of your case and provide an honest assessment of the prospects for success before embarking on litigation.
Ultimately, our goal is to provide our clients with the necessary legal assistance in industrial and intellectual property matters, whether through pre-litigation strategies or formal litigation, to protect their rights and achieve effective solutions in each case. Please feel free to contact us or schedule a call to discuss your situation and receive a preliminary consultation without commitment.