Search results - found 217
Belgium (Market intelligence)
A patent holder has several options to enforce its rights in Belgium. It can initiate substantive proceedings to obtain damages, an injunction and other measures available under the Patent Act (28th March 1984) (see question 16).
Cyprus (Market intelligence)
The most effective way for a European patent holder to enforce its rights in Cyprus is to file a court application for a freezing order until its case is heard by the courts.
Denmark (Market intelligence)
fast and effective way of stopping infringing acts. Proceedings to obtain a preliminary injunction can be initiated in the Bailiff’s Court and a preliminary injunction will be issued if the patentee can prove that the requested injunction relates to acts covered by its patent and it is probable that infringement will take place.
Finland (Market intelligence)
Finland has been a member of the European Patent Convention since 1996. European patents are treated as national patents once they have been granted and have come into effect in Finland. Therefore, European patent holders have the same options for enforcing their rights in Finland as national patent holders.
France (Market intelligence)
The enforcement of patent rights in France essentially involves civil proceedings in the courts, in particular the Tribunal de Grande Instance de Paris (the Paris court of first instance), which was recently given exclusive subject matter and territorial jurisdiction over all new patent litigation.
Germany (Market intelligence)
A European patent designating Germany affords the same rights as a German patent. In particular, the holder of a European patent can: Send a cease and desist letter. Apply for a preliminary injunction or a decision on the merits of the patent. Obtain evidence of infringement (but only to a certain extent). Obtain border seizure.
Greece (Market intelligence)
A European patent designating Greece enjoys the same scope of protection as is afforded to a Greek patent, provided that it has been validated in Greece (ie, a certified Greek translation of the patent has been filed with the Greek Industrial Property Organisation within three months of publication of the grant of the European patent).
Ireland (Market intelligence)
Enforcement of a European patent in Ireland is available only by petition to the High Court in civil proceedings. Infringement proceedings are handled by the Chancery Division of the High Court. A special section of the High Court, known as the Commercial Court, has powers to hear and fast-track IP disputes.
Italy (Market intelligence)
In urgent cases the following preliminary remedies are available to the patent owner: Seizure an order to seize products, tools and production plants, books of account and invoices and advertising materials. Description an order to inspect products, production plants, books of account, advertising and any associated documents in order to collect documentary evidence of the infringement and the extent thereof. Injunction an order to cease the manufacture, trade and use of the infringing items or to remove the infringing items from the marketplace.
Luxembourg (Market intelligence)
Litigation before a civil court is the most effective way for a patent holder to enforce its rights, since a court decision is permanent and enforceable against a previous authoritative order.
Netherlands (Market intelligence)
The most effective way to enforce IP rights in the Netherlands is by summary proceedings that is, a relatively short procedure which takes from three to six months. However, since infringement cases generally also encompass nullity arguments, summary proceedings are usually followed by proceedings on the merits, which take approximately two years.
Norway (Market intelligence)
The most effective way to enforce a patent in Norway is to apply for an interlocutory injunction order. This approach is the quickest way to stop or prevent infringement in the short term. If circumstances warrant an ex parte ruling, an injunction can be obtained within days; otherwise, it takes between three and eight weeks. Interlocutory injunctions can be appealed, but are effective immediately. 2. What level of expertise can a patent
Poland (Market intelligence)
The holder of a European patent which is effective in Poland enjoys basically the same rights as the holder of a patent issued by the Polish Patent Office (PPO). In case of infringement, a lawsuit may be brought against an alleged infringer before a civil court.
Slovenia (Market intelligence)
Depending on the characteristics of the case, a patent holder may decide to use one or several of the following: A civil lawsuit. An application for a preliminary injunction. A criminal complaint. Customs measures.
Spain (Market intelligence)
In Spain, European patent holders may bring civil court actions against alleged infringers through the relevant legal proceedings. In exceptional circumstances and where a crime has been committed, a criminal action may be brought.
Switzerland (Market intelligence)
The patent holder can send a warning letter and seek an out-of-court settlement with the alleged infringer. A successful warning letter is the most effective way to enforce rights, since it is subject to no formalities and costs little. If no solution can be found in this way or through arbitration or mediation (to which the alleged infringer must agree), the patent holder has no option other than to enforce its patent through a court action.
United Kingdom (Market intelligence)
Patent infringement claims can be brought in the Patents Court (a division of the High Court) or the Patents County Court. They can also be brought before the Intellectual Property Office by agreement of both parties, but injunctions are not available. The Patents County Court is suitable for lower-value patent disputes, but the Patents Court is generally recommended for most disputes.
The making of a cash machine (Market intelligence)
At the end of 2006, AT&T's merger with BellSouth was finalised. Just before the deal's completion, IAM reported on BellSouth's outstanding IP licensing programme, which had grown dramatically during the company’s final eight years of independence
The truth about non-core licensing (Market intelligence)
Off-industry and non-core patent licensing has often been held up as the IP industry’s Holy Grail. But recent research suggests that for most it is actually nothing more than myth and mirage
Investing in R&D in Mexico: trends and tools (Market intelligence)
Traditionally, R&D in Mexico has been carried out mainly by public research institutions backed by government funding
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