Intellectual property rights are frequently infringed, whether intentionally or unintentionally. Such violations may cause financial losses, damage to brand reputation, and unfair competition.
The existence of a patent, trademark, industrial design, or copyright does not automatically stop infringement. In many cases, the rights holder must take legal action to enforce their rights and prevent further misuse.
Legal enforcement may involve pre-trial measures, administrative proceedings, or court litigation, depending on the nature of the infringement and the strategy chosen to protect the rights holder’s interests.
Our IP enforcement and litigation services
If your intellectual property rights have been infringed, we can assist with a wide range of enforcement measures, including:
Pre-litigation actions
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preparation and sending of cease-and-desist letters to alleged infringers;
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negotiation with infringers aimed at voluntary cessation of violations or settlement agreements.
Court and administrative proceedings
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preparation and filing of claims before commercial and civil courts;
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representation of clients during court proceedings at all levels;
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representation in disputes before the appeal bodies of patent authorities.
Unfair competition proceedings
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preparation of complaints to the Antimonopoly Committee of Ukraine regarding acts of unfair competition related to intellectual property.
Administrative and criminal enforcement
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preparation of complaints to competent authorities in cases of administrative or criminal infringement of intellectual property rights.
Online enforcement
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submission of infringement notices to online platforms and marketplaces requesting the removal of infringing content or products.
Customs protection
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assistance with the recordal of intellectual property rights in the customs register in order to prevent the import of counterfeit goods.
Possible consequences for infringers
Depending on the circumstances of the case, enforcement actions may result in:
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court orders prohibiting further use of the protected intellectual property;
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removal of infringing products or materials from circulation;
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compensation for damages caused to the rights holder;
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administrative or criminal penalties;
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restrictions on the import of counterfeit goods.
Defence in IP disputes
We also represent clients who have become the subject of IP infringement claims or enforcement measures. In many situations, alleged violations may be unfounded or based on an incorrect interpretation of intellectual property rights.
Our lawyers provide comprehensive legal defence, including preparing responses to claims, representing clients in negotiations and litigation, and protecting their business interests.