Each company may have certain difficulties, but not all of them lead to legal proceedings. But if the controversial issue nevertheless reached the court, in this situation, competent legal support is very important. After all, it is the court that is the most effective method of protecting infringed rights, and representation in court is an important task. All documents must be drawn up correctly and submitted in time, a company representative must be present at every sitting. In addition, when it comes to the protection of intellectual property, the legislation in this area is very specific, therefore, it is best for the representative to know all the details.
Initially, it may seem that representation in court in disputes related to the protection of intellectual property rights is no different from other categories of cases, and a staff lawyer of the company can handle this. But, firstly, a small company may not have a staff lawyer. Secondly, not every lawyer, even a good one, is sufficiently savvy in intellectual property issues.
A lawyer in the field of protection of intellectual property rights should have broad knowledge not only in this area of law, but also be a practitioner. Reading one or more laws is not enough to competently represent the interests in each specific situation
There are many procedural niceties and aspects that are regulated by a huge number of bylaws and special instructions that a layman or general lawyer may not even know about. Therefore, a legal representative must be a professional in the field of intellectual property rights protection.
Moreover, the cases related to the protection of intellectual property rights are so specific that even a separate court was formed to consider them – the Intellectual Property High Court. At the moment, it is at the stage of formation.
Litigation related to the protection of intellectual property rights can be conditionally divided into 2 categories:
- Disputes on the recognition or non-recognition of the results of intellectual activity, for example, related to:
- refusal to register rights to a trademark or refusal to issue a patent;
- recognitionofa trademark as well-known;
- recognition of a certificate for a trademark or a patent invalid;
- challenging the author’s rights and related rights, including in disputes regarding the collective management of the author’s property rights and related rights, etc.
- Disputes concerning infringement of intellectual property rights, for example, about:
- illegal use of marks or other manufacturer’s products; copying the product appearance;
- illegal collection, disclosure and use of trade secrets;
- conclusion, amendment, termination and execution of an agreement on the disposal of intellectual property rights;
- taking urgent measures to prevent infringement of intellectual property rights;
- withdrawal from civil circulation of goods manufactured or introduced into civil circulation in violation of intellectual property rights and destruction of such goods;
- prohibition of actions infringing intellectual property rights;
- losses reimbursement caused by infringement of intellectual property rights or the use of a monetary penalty instead of losses reimbursement;
- reimbursement of moral damage caused by infringement of intellectual property rights;
- protection from unfair competition, etc.
VigoLex represents clients’ interests in litigation related to intellectual property, which includes:
- advice on all issues related to the company representation in court, beginning from the preparation of a claim and ending with obtaining a judgment;
- preparation of documents required for competent legal representation in court (drawing up a statement of claim, other procedural documents, appeal and cassation claims, etc.);
- analysis of possible scenarios for the events development and the practice of successful completion of such disputes;
- direct representation in court at all stages of the case hearing;
legal assistance for the period of the judgment enforcement.