Legal proceedings and disputes
Disputes, legal proceedings, infringement
Infringement is without a doubt the most common type of dispute and legal proceedings in terms of industrial property matters, although there are other types of conflicts (contracts, inventions of employees, ownership rights, etc.).
An industrial property title (patent, trademark, drawing & model) provides its holder with a monopoly of use on the invention or the creation that is the object of it.
The unauthorized use of an industrial property title constitutes infringement. Unauthorized use in general means:
- the manufacture, marketing, use and/or importation of a patented product or method,
- the reproduction, imitation and/or use of a trademark, the holding, sale and/or the offering for sale of products or services bearing a trademark,
- the reproduction, sale, offering for sale, use and/or importation of a creation protected by a drawing & model.
The holder of a right who is a victim of infringement can take legal action before the competent civil jurisdiction or, more rarely, before a penal jurisdiction. This legal action generally results in the ceasing of acts of infringement, the confiscation and/or destruction of the infringing objects, publication of the ruling in specialized press, and the allocation of damages as reparation for the prejudice incurred.
On the contrary, there are solutions (in particular opposition, action claiming nullity, observations of third parties) in order to take defense against industrial property titles opposed by competitors and/or to circumvent monopolies.
The scope, or perimeter, conferred by an industrial property title can be difficult to define. Likewise, certain rights or obligations stemming from contractual clauses can be subtle. The classification of an employee invention can be uncertain. Determining additional remuneration or a fair price can be complex. The ownership of a right (to whom does the invention or creation belong?) can be delicate to determine.
Our long experience in matters of disputes in industrial property law make our cabinet your privileged contact for this type of problem.
After developing a carefully prepared strategy, we generally recommend an informal pre-litigation phase (or negotiation) before any legal proceedings. If this informal phase does not allow you to obtain the desired results, we take legal action by working closely with the best lawyers specializing in industrial property law. The team that we form with these lawyers offers you optimum defense for your rights and your interests.
We also act in international disputes, by coordinating the strategy with our foreign correspondents.