Industrial design – Lawsuit for infringement
The Intellectual Property attorneys of BRANDON IP will help you in any lawsuits for infringement before the courts, in collaboration with specialised lawyers, whether you have been the victim of an infringement or have been accused of infringement.
If you have noticed a violation of one or more of your designs, there are several possible degrees of action.
Firstly, and after the initial verifications of rights are complete, it is possible to contact the opposing party through a cease and desist letter. There is a possibility that this party is unaware of your rights, and this first contact may be fruitful.
The purpose of this approach is to make the other party aware of your prior rights, to explain the manner in which its use is an infringement and to formulate the initial requests, such as the withdrawal of the disputed industrial design, the cessation of the sale of the allegedly counterfeit objects, etc.
If this process is not successful, a lawsuit for infringement of industrial design or copyright can be considered.It is brought before the competent court, with proof of your rights being harmed (e.g. a confiscation of works infringing copyright carried out beforehand, or proof of purchase, etc.).
The Court may pronounce civil and/or criminal sanctions, such as the payment of damages or the destruction of products or even prison sentences, for instance.
The filing of a lawsuit for infringement of industrial design requires a perfect mastery over intellectual property law. Hence, it is recommended to seek the assistance of a firm specialising in intellectual property.
Such a lawsuit incurs certain costs as well as deadlines to be taken into consideration; also, the negotiation route can always be taken up during the proceedings.