Enforcing property rights

In most cases, when property rights are enforced in the Regional Court, the Higher Regional Court, the cases are conducted by lawyers who are for the most part supported by patent attorneys. This so-called ‘double representation’ by lawyers and patent attorneys is both usual and advisable especially in complex IP cases, as on the one hand legal procedural knowledge and, on the other, knowledge of substantive patent law and the relevant technology are all of crucial importance in running a successful property-rights infringement case. We have to this date assisted in a large number of court cases relating to the enforcement of property rights, and in doing so have got to know the working methods of many of our lawyer colleagues. Should it be necessary for any of your property rights to be enforced in court, we will place our experience at your disposal.
We can also assist you if there is a risk of you infringing a competitor’s property right. The submission of `protective letters` which are filed at court, should be considered in such cases. These can allow preliminary injunctions to be avoided.
While court proceedings are ongoing, we, as patent attorneys, support our lawyer colleagues with respect to technical understanding and to the analysis, both in writing and orally, of the material in question. Our experience shows that direct communication between a company’s employees with a technical background and lawyers often gives rise to misunderstandings. As engineers and scientists with legal training, we act as intermediaries and help avoid such misunderstandings.
Once property rights have been successfully enforced in court, the judgment obtained must be used as effectively as possible.
There may be tactical considerations which militate against unconditional or immediate execution of a judgment as for example if at the same a commercial relationship exists with the losing party.
We will provide you with strategic advice on these questions and will work with you to develop suitable measures for ensuring that your rights are respected over the long term.

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