Litigation

Our office offers legal representation in every IP case. Most commonly our clients seek for legal help in cases of unauthorized use. Such cases fall under the exclusive competence of the Metropolitan Court. The owner of the design demand the same claims on infringer as the owner of a patent. There is a wide range of civil remedies the owner may recourse:

  • request that the fact of infringement be declared by the court;
  • request an injunction that the infringer cease his infringement;
  • demand satisfaction by declaration or by other appropriate means;
  • require surrender of the enrichment obtained by infringement;
  • request to seizure and – according to the circumstances – to destroy or to remove the infringing nature of the means used for infringement and the infringing products;
  • require information on business relations in connection with infringement;
  • claim compensation for damages in accordance with the provisions of civil liability;
  • demand that the custom authorities take action to prevent custom goods infringing trademark entering into trade in the country.

Also a petition for temporary measures can be filed if six months has not passed since infringement commenced and if patentee brought his case before a court within sixty days from gaining knowledge of it. Any remedy may be required as a temporary measure that is comprised in complaint and appropriate for averting the close danger of wrong. Temporary measures offer effective protection taking into consideration that court shall rule on them in special proceedings, before making its decision on the merits.

To file a complaint we need the followings:

  • detailed description of the owner or user of the patent on when, where, how and by whom the infringement took place
  • signed power of attorney
  • any proof of the offence the right holder have
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