Intellectual property & innovation

Infringement & enforcement

Infringement of your rights? Or are you being sued for infringement? Sitting still is usually not the best option.

If you believe that your intellectual property rights are being infringed or if you have been accused of infringement by someone else, you have come to the right place. Among other things, we are members of the Association for Intellectual Property Litigation Lawyers VIEPA, BMM Benelux Association for Trademark and Design Law and Association for Copyright Law so we are up to date with recent legislation and case law.

Our breach support

Unfortunately, intellectual property infringement is common. It can range from copying a brand name or logo, copying certain design, to adopting a protected technology. This can lead to reduced revenues, reputational damage and unfair competition.

The timely and efficient detection and handling of infringement is therefore of great importance. This often forms a complex whole. Proactive, creative and expert legal guidance is therefore indispensable in infringement cases. We provide sharp and concrete advice and always put your interests first. Thanks to our extensive experience, we arrive at constructive and creative solutions that you have often never thought of before. But if necessary, we will litigate for you at the cutting edge.

In addition, we are well able to provide a realistic estimate of costs in advance, so you will not be surprised.

Receivables

Some common claims in infringement cases include a prohibition or injunction, opposition, invalidation or cancellation, (advance payment of) damages, disgorgement of profits, requisition, nullification, recall, penalty and rectification via the Internet or in a letter to customers.

Furthermore, infringing goods can be seized to secure evidence. The timely initiation of customs measures can prevent the entry of counterfeit products into the European Union and bring infringement into closer focus. An interlocutory injunction can be a powerful and quick procedure to have the infringement cease immediately and prohibit further infringements, preventing further damages and effectively enforcing your IP rights.

In short, the possibilities are numerous. The starting point is always that when infringement of your intellectual property is found, swift and decisive action is crucial. Together with you, we determine which claims you can best bring.

Litigation Costs

Litigation costs play an important role in IP litigation, see also our article on this topic in that context. Unlike many other areas of law, in IP litigation the losing party may be required to pay the winning party's legal fees, over and above compensation for damages suffered. This serves not only as compensation, but also as a powerful deterrent against infringement. As a result, costs can rise sharply. Navigating this type of procedure therefore requires specialist legal support. For this, you have come to the right place.

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