A patent or utility model confers to the proprietor the right to prohibit third parties from using the protected technical solution. Similarly, the proprietor of a design or of a trademark can prohibit a third party from using a design which generates the same overall impression on the informed user, or a sign which is similar to the registered trademark and which is used for similar goods or services.
If a third party nevertheless makes use of such IP right, the proprietor can enforce his right against the third party. The first attempt will often be the finding of an amicable agreement with the third party. If such negotiations fail or an agreement is not wanted, the IP right can be enforced, for example by the application for interim measures or by the filing of an infringement action with the competent court.
At a preliminary stage, we develop with our clients a strategy to efficiently enforce their IP rights, which involves the use of requests for entitlement, warning letters and cease-and-desist declarations. We further support the enforcement of the IP rights before the component courts.
In Germany, a team of attorneys at law and patent attorneys handles the enforcement of IP rights before the courts. Infringement and validity of the patent are dealt with in separate proceedings before the district courts and the Federal Patent Court. The attorneys at law conduct the case before the district court, whereas the patent attorneys usually handle the case before the Federal Patent Court.
For winning the case, a close cooperation between the different attorneys in the team and an effective coordination of the team are essential.
KKM is cooperating with attorneys at law that are specialized in the litigation of IP rights and that belong to the most renowned attorneys in their respective field.
We enforce your right at the court at which the chances to succeed are the highest for your individual case, and we select attorneys at law which have experience with the process management by the judge at the respective court.
In urgent cases, we support you with the enforcement of your rights by applying for an interim injunction or for border seizure. To defend our clients against alleged infringement, we file protective letters with the competent court or authority, for example with the central register for protective letters.