As intellectual property attorneys, we are capable of intervening in any dispute related to your IP rights, whether it pertains to patents, trademarks, industrial designs, copyright, software, etc.
Prior to any action in court, we may recommend an amicable settlement depending on the case, as per the advice of the intellectual property consultant in charge of the dossier. This, in certain cases, helps to avoid a legal procedure that is generally long and expensive and the result of which is often random, and to settle through an agreement between the parties if they wish to do so.
Of course, we also handle the negotiations and advise our clients in the context of these pre-litigation procedures.
The main types of lawsuits that we handle in our area of expertise are as follows:
Lawsuit for infringement
Our experts 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 intellectual property rights, 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 is often fruitful.
A lawsuit for infringement can be 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 requires a perfect mastery over the principle of intellectual property law. Hence, it is recommended to seek the assistance of a firm specialising in intellectual property.
Such 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.
This type of lawsuit, which is quite frequent, consists of requesting for the pure and simple cancellation of the intellectual property rights of a third party. It may intervene either on first request or as a counterclaim. Hence, invalidity proceedings may be combined at any time with a lawsuit for infringement, and in fact this is often what happens in case-law.
The grounds for invalidity proceedings vary depending on the intellectual property law concerned: it is possible to invoke, for example, the lack of novelty in patent matters, the lack of a distinctive character in trademark matters, the lack of a individual character in industrial design matters, etc.
Our intellectual property attorneys specialising in patents, trademarks and industrial designs are ready to help you strategically throughout all these types of procedures.
Patent ownership claim proceedings
This lawsuit is brought before the court by the holder of an intellectual property right that is considered as infringed, and is meant to claim the ownership of the right that is unduly filed by a third party in its place.
The most frequent cases of this type of lawsuit generally occur between employees or partners and their former employers.
If the lawsuit is filed when the patent application has not yet been issued, it is possible to seek the suspension of the issuing procedure.
Non-infringement declaration proceedings
This is a procedure that aims to liberate the plaintiff from any lawsuit for infringement and to secure its current and future exploitation. Hence, this is a voluntary process by an industrial who brings the matter before the court, with the lawsuit being executed in an out-of-court phase and a court phase.
The interest of such a lawsuit is obvious: to ensure a situation of sustainable exploitation vis-à-vis a holder of an identified prior patent. However, the other side of the coin to be taken into account is the possible reaction of the holder of the identified prior patent, namely a lawsuit for infringement.
Our role as an intellectual property attorney is to advise you on the risks and chances of success of such lawsuit.
The rules of implementation, time lapse and deadlines related to these lawsuits are specific to matters of intellectual property and merit consulting with experts.
Pre-litigation procedures may also be recommended before initiating such lawsuits. Don’t hesitate to consult us if needed.