Infringements

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INFRINGEMENTS

 

The establishment of IP rights will enhance a company’s competitiveness and its earning potential.

 

An IP right prevents others from commercially exploiting the described invention. This goes for production, sales, and import with the intention of selling.

 

Patents as well as utility models, industrial designs and trademarks constitute the proprietor’s documented right to, for example, request prohibitory injunction for halting infringing actions, or to initiate license agreements.

 

If no agreement can be achieved as to whether certain actions constitute an infringement of existing IP rights, this may be settled in national lawsuits. Here, also claims for refund are decided upon.

 

Opposition proceedings

When challenging the grant of an IP right it is often possible to ask the granting authority for re-consideration of its decision. A notice of opposition may be filed within a set time limit following the grant. This allows for submitting new arguments and evidence that may compel the authorities to revoke the right, or to grant it only in amended form.

 

If the opposition proceedings do not result in the desired outcome both the proprietor and the opponent may appeal the decision.

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