Disputes relating to property rights

Whether for inventions, designs or trademarks, filing corresponding applications for property rights is only a part of the picture. In the event of a property right being infringed, effective enforcement is the key.


Out-of-court measures?

Often, litigation in court is not even necessary to enforce property rights.

Most of the times it is possible to deter competitors from infringing property rights in an effective manner by means of out-of-court measures. This can be done, for example, by entitlement inquiries and (in extreme cases) by warning letters accompanied by a cease-and-desist declarations with a penalty clause.

In many cases however the targeted dissemination of information about a company’s protected technologies simply is sufficient to ensure effective protection of the product portfolio. An out-of-court solution is often an even more efficient route in the longer term because it means that a large number of competitors can be reached in a cost-effective manner.

Proper litigation before court

In the eventuality of having to enforce patents, utility models, designs or trademarks in court we are of course prepared as well. However the greatest cases and victories in court can be worthless if certain other aspects are not taken into consideration. In the context of a successful property rights strategy, it is of crucial importance to use court procedures for the enforcement of property rights in a strategic manner, to show competitors your readiness and ability to enforce your rights over the long term. If for instance, the point of an enforceable judgment cannot be enforced because the property-right infringer against whom an order is made does not have sufficient available assets or, if a large number of further infringers have already entered the market would separate actions have to be brought against each of them? We provide advice not only before and during court proceedings, but also afterwards so that the tool of enforcement of property rights through court can be used effectively.

Your contact partners

Ditmar Neumann
Christian Heine
Tilman Taruttis
Dietmar Haug

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