At Lunch & Law on 16 March 2017, Franz Probst, Julia Bhend and Roy Levy provided practical insights into the enforcement of intellectual property rights (IP rights). The focus was on the legal instruments that companies and rights holders can use to defend themselves against imitations, counterfeits and unfair competition.
Knowing your rights and enforcing them effectively
Anyone who owns intellectual property rights – such as a trademark, patent or copyrighted work – can assert various claims in the event of infringement:
- Cease and desist orders with penalties
- Claims for information and surrender
- Damages or surrender of profits
- Seizure and destruction of infringing products
- Publication of the judgement to restore reputation
Depending on the situation, the rights holder can take civil, administrative or criminal action.
Practical examples: From patent infringement to brand piracy
Specific cases have been used to demonstrate how rights can be successfully enforced – for example, in cases of patent infringement through technical imitation, the sale of copyright-infringing software or counterfeit brands that have been seized by customs.
These examples illustrate that swift and strategic action is crucial to securing evidence and limiting economic damage.
Conclusion
The protection of intellectual property does not end with the registration of a right – that is only the beginning. A clear strategy for enforcing rights is essential to securing innovations and brands in the long term.
The presentation given at the event can be viewed here.
