Patent Law Office

Dr. Ernst-Peter Heilein

  • Intellectual Property
  • Gewerblicher Rechtsschutz
  • Propriété Intellectuelle

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Infringement of IP-Rights

In case a third party uses the object of a protective right without being legitimated by the owner of the protective right an infringement of protective rights is obvious, which can especially lead to a an interdiction right, to claims for damages or claims for indemnification. Although the consequences of an infringement and the procedure of pursuing the interests of the holder of the protective right as to the industrial property rights (patents, utility models, trademarks, registered designs) and as to the copyright act are almost the same, the infringement constellations can be as different as life can be. Therefore the indication of global strategies of attack and defence are not helpful when they are detached from the details of a concrete infringement case.