DESIGN INFRINGEMENT

Within the design protection the owner of the registered design has different claims at their proposal to legally act against the imitation of a registered design. Even if a registered design confers the owner the exclusive right to use it, it is still possible that third parties can infringe the right. As far as a design infringement through third parties exists, we proof the property rights of the design. In most other countries a design is used without official examination so that the owner is responsible to proof the ability to protect of the design. This is the reason why we do a research according to the known shapes before we support our clients to enforce the property rights on their design.

Depending on each case, our patent attorneys strive to clarify design infringements out-of-court, before a juridical procedure for the enforcement of property rights is initiated. Next to the active service design protection, our clients receive support to defense against third-party claims (passive design protection). Here again, we strive for an out-of-court agreement of all parties. Following such a mandate, our patent attorneys support the clients to adjust the own design protection so that future legal infringements can be avoided.