DISPUTES

Disputes relating to property rights

Out-of-court settlement / Judicial enforcement of intellectual property rights

Out-of-court settlement

It does not always take a lawsuit to enforce intellectual property rights. In many cases, targeted dissemination of information about a company's protected technologies is enough to ensure an effective level of protection. One also has the option of settling with competitors out of court. Requests for a showing of entitlement to the use of intellectual property (Berechtigungsanfragen), warnings with a cease-and-desist notice and penalty clause, etc., are examples of means to that end. Experience shows that, in the long run, extrajudicial solutions are the more efficient option as compared to court settlements, as they provide a cost-efficient avenue for reaching a large number of competitors.

Judicial enforcement of intellectual property rights

There are times when judicial enforcement of patents, utility models, designs or trademarks cannot be avoided. We advise our clients not only during judicial proceedings, but also during the pre- and post-proceedings phases with the aim of making effective and strategic use of the judiciary as an instrument of intellectual property rights enforcement. In particular, we aim to create a lasting and compelling impression on competitors of the client’s determination and ability to enforce its rights.

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