Industrial and intellectual rights disputes

What should I do if I learn that someone is violating my attribution (labeling) rights?

If you learn that another entity is infringing your attribution rights, you should consider the following steps:

If you have a valid trademark or other attribution right, you should contact the infringer and ask them to stop infringing your rights. You can send a letter or email to the infringer explaining that they are infringing your rights and asking them to stop.

If the infringer does not comply with your request, you can take legal action. In some cases, you can request interim measures to force the infringer to stop violating your rights immediately. It is also possible to ask the court for a compensation of damages, restitution of unfair enrichment and an adequate satisfaction, which can be expressed in money.

If you suspect that the infringer is violating your rights deliberately and systematically, you can contact the police and file a criminal complaint.

It is important to act quickly and effectively to prevent further infringement of your labeling rights. Contact us to help you file a lawsuit and ensure that your legal needs are met.

Does it make sense to negotiate with a trademark, patent or other industrial property infringer?

Negotiating with a trademark infringer can, in some cases,  be an effective way to resolve a dispute. If the infringement is minor, it may be more advantageous to negotiate a settlement with the infringer than to resort to court proceedings. Negotiation can lead to a quicker and cheaper resolution of the dispute and can also help maintain good relations with the infringer. When negotiating, it is important to have a clear strategy and be prepared for the possibility that the infringer may be uncooperative. You should also have a clear idea of what you want to achieve and what your minimum requirements are. If you decide to negotiate with the infringer, you should keep in mind that negotiation may not always lead to a successful resolution of the dispute. If the infringer is uncooperative or if you cannot reach an agreement to resolve the dispute, it is advisable to take further legal action and take legal action. Even during the court proceedings, it is possible to conclude a settlement agreement or withdraw the lawsuit after an out-of-court settlement. We are ready to help you set goals, lead negotiations and ensure that your trademark or patent rights are protected.


What is an Unfair Business Practice?

An unfair business practice is a practice that is contrary to fair commercial practices and may cause harm to consumers or competitors. Unfair business practices are prohibited by law and can be punished. Unfair business practices include, for example, misleading advertising, making false claims about the characteristics of goods or services, impersonating another business, unauthorized use of trademarks, blackmail, creating artificial scarcity of goods or services, unlawful interference with the rights of competitors, and others. Unfair business practices are punishable by fines and can lead to damage to the reputation of the company. It is important to follow fair business practices and avoid unfair business practices in order to protect consumer rights and competition.


Who is engaging in unfair competition?

Unfair competition can be carried out by both natural persons and legal persons, i.e. companies. These can be small businesses as well as large corporations, ranging from start-ups to long-established businesses. Unfair competitive practices include, for example, impersonating another company, profiteering from the reputation, goodwill or trademark of another entity, bribery, disparagement, violation of trade secrets, harassment, false advertising, false claims about the characteristics of goods or services, creating an artificial scarcity of goods or services, extortion, unjustified interference with the rights of competitors and others. Unfair competition can be carried out in the local market or within the European Union, as well as in the international market. It is important to note that unfair competition is prohibited by law and can be punished. Every business should adhere to fair business practices and avoid unfair competitive practices in order to protect competition and consumer rights.


What is price undercutting and when does it occur?

Price undercutting is an unfair competitive practice where a business offers goods or services at a price below the cost of producing them in order to gain a larger market share and drive out competitors. Price undercutting can be punishable by law because it creates artificial competition and can lead to a foreclosure. It is usually manifested when an undertaking offers goods or services at a price below the normal market price and maintains that price for a prolonged period of time. Price undercutting can be difficult to prove because the entity may claim that it is offering goods or services at a lower price due to cost savings, but if it is proven that the price is lower than the cost of production or provision, the enterprise may be liable to fines and other penalties.


What is the right to information under the Industrial Property Rights Enforcement Act and what does it cover?

The right to information is the right of the holder of registered industrial property rights to obtain information about persons who infringe those rights. Specifically, it is the right to information about who is manufacturing, marketing, selling or otherwise distributing goods that infringe industrial property rights, such as patents, trademarks or industrial designs. The right to information enables the right holder to obtain information about the persons involved in infringing his rights and thus enables him to fight more effectively against infringements of those rights. The holder of registered industrial property rights may turn to the court with a request for an interim measure in order to combat infringements of those rights more effectively by obtaining information about the persons involved in the infringing.


In case of any inquiry, contact us immediately.