IP ADVICE PRIOR TO LITIGATION
Litigation is often preceded by out-of-court proceedings with exchange of letters and formal notices in an attempt to reconcile anti-ethical positions of the parties and thus avoid legal disputes.
In this preliminary stage, in addition to substantive assessments on the validity of the intellectual property right subject of litigation or on the actual infringement with respect to the scope of protection thereof by a product or process, multiple aspects must be taken into account in order to understand the actual chances of success or loss in a possible legal dispute.
The most recurrent aspects include: the economic strength of the counterparty, the counterparty's interest in the product subject of dispute, the possibility of extending the dispute with litigation in other countries, the possibility of extending the litigation to Industrial Property rights or other products, the possibility of criminal proceedings, the possibility of introducing variations to the product in order to circumvent the scope of protection of a patent, the possibility of stopping substantive proceedings through a European patent opposition, the possibility of cross-licensing the patents of the parties, the impact of a case on the market for the company's reputation, the cost of any legal action, the risk of compensation for damages in the event of a litigation, the possibility of choosing the court and involvement by connection, the possibility of taking urgent measures.
Aware of the fact that litigation always entails considerable commitment and use of resources on our clients’ side, our experience allows us to meet many of the clients’ litigation goals right from the onset.
Our firm is ready to provide you with legal support, also assisted by law firms experienced in industrial property matters, to deliver the best possible support.
Our services include:
- Defining the legal strategy related to the clients’ Industrial Property rights proceedings or defending clients following third-party proceedings;
- Defining the legal technical team consisting of professionals or experts, those skilled in the art, lawyers experienced in the various branches of Industrial Property;
- Assessment of the risks and chances of proceedings;
- IP advice prior to proceedings;
- Out-of-court negotiation with the counterparty;
- Drafting Agreements
- Technical expert advice in proceedings;
- Infringement search;
- Assessing the amount of damage in proceedings;
- Advice on unfair competition;
- Advice on the misappropriation of know-how;
- Company policy for protecting its know-how;
- Agreements on co-existence between products on the market;
- Transfer and licensing agreements with respect to Industrial property rights and/or know-how.