Protecting your interests in IP disputes

If a competitor is using technology, designs, signs or other material covered by your intellectual property rights, there may be reason to investigate whether infringement has occurred. This requires an assessment of the scope of your rights and how the technology, design, sign or other material is being used. In many cases, the matter can be resolved through dialogue, negotiation or licensing, while other situations may require more formal action.

We help you assess whether infringement may have occurred, evaluate the strength of your rights and consider appropriate action. Our approach takes account of both the legal position and the commercial circumstances, so that the matter can be handled in a way that reflects the situation and your business objectives.

Receiving a warning letter or an allegation of infringement can be unexpected and concerning. However, such an allegation does not necessarily mean that you are infringing or that the other party’s rights are as strong as claimed. It is therefore important to assess both the claim and the rights being asserted at an early stage before deciding how to respond.

We analyse the claim, assess the scope and strength of the relevant rights and consider the options available to you. Based on the legal and commercial circumstances, we work with you to develop an appropriate strategy for handling the matter.

Intellectual property rights may sometimes be granted even though there are grounds for questioning their validity or scope. A competitor’s right may, for example, restrict your freedom to operate or affect your ability to pursue a planned business initiative. In such situations, opposition, invalidity or revocation proceedings can be effective ways of having the right limited or revoked.

We assist with analysis, argumentation and proceedings before bodies including PRV, EPO, EUIPO and the UPC. Based on the right involved and the circumstances of the case, we assess the available options for challenging it and the most appropriate strategy.

Patent disputes in Europe can be handled both before national courts and before the Unified Patent Court (UPC). The introduction of the Unitary Patent (UP) and the UPC has changed the European patent system and means that certain patent disputes can have consequences across several countries. This creates new opportunities but also strategic considerations for businesses operating in the European market.

Our advice and representation in patent disputes cover matters involving the UPC, opt-out strategies and disputes concerning European patents and Unitary Patents. Based on the patent portfolio, the markets concerned and the circumstances of the case, we assess the available options and the appropriate strategy.

As businesses become increasingly digital, the risk of infringement of trademarks, copyright and other intellectual property rights online and on social media also increases. This may, for example, involve unauthorised use of signs or content, or the registration and use of domain names that infringe the rights of others.

We assess and handle infringement in digital channels as well as domain name disputes and other online IP matters. Depending on the circumstances, this may involve advice, negotiation or alternative dispute resolution procedures to protect and enforce your rights.