Litigation Issues

Intellectual property right disputes may already occur during or shortly after the official registration procedure, for example if an IP right is granted. Third parties may, by reference to their own known developments, challenge the grant of a patent in opposition proceedings, a utility model, a design or a trade mark in cancellation proceedings. Even at a later date, a property right remains vulnerable to invalidity or cancellation proceedings, which may even be followed by an appeal procedure. We are at home in all these procedures and have been representing the interests of our clients for many years.

The other way round, industrial property right disputes may arise even if products or services, trademarks or designs, which are protected by intellectual property rights, are perceived in the market. Dispute resolution can not only envisage the judicial but also the out-of-court procedure, which is sometimes more efficient and less costly. Already a – politely formulated – permission request can make an infringer aware that his actions have been noticed and will not be tolerated. Often this alone results in an omission or license payment. These situations are known to us and we accompany you actively and purposefully.

As for infringement proceedings before the ordinary courts, we usually call in professionally qualified lawyers with corresponding approvals. This in particular since in addition to intellectual property rights such as patents, utility models, trademarks and designs as well as copyright protection, the following unfair competition protection also matters.

Unfair Competition  – The Law against Unfair Competition protects goods and services as such against their imitation through deception, exploitation of reputation or dishonestly obtaining necessary knowledge about such goods and services. In particular, a reference to well-known trademarks or slogans is held unfair – and may simultaneously establish a trademark infringement.

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