Is a competitor manufacturing products using a technical solution that is protected for you? Is a competitor using your utility model to manufacture competing products? Have you granted a third party the right to manufacture and/or distribute goods produced using the technical solution protected for you, under a license agreement, but are there other uses of your technical solutions by the licensee beyond this? As the owner of a utility model, you have the right to exclude unauthorized parties from using your technical solution and to demand reasonable compensation from the infringer for the unlawful use.
Offer
We examine the legal situation for you when a competitor or another unauthorized third party uses your utility model without a license or to an extent not agreed upon. For the technical assessment of the facts, we work closely with patent attorneys specializing in the technical scope of protection of your utility model. If infringements exist, we document them, for example, through appropriate test purchases, and develop a strategy for you to stop the infringements as quickly and efficiently as possible.
As a rule, enforcement usually begins with a competition law claim pronounced, with the infringer being requested to issue a cease and desist declaration, provide information, pay damages, eliminate the infringement, and reimburse legal costs.
If the warned party does not submit a sufficient cease and desist declaration in response to the warning, or refuses to fulfill other claims, we will initiate the necessary legal proceedings for you. The enforcement of the claims will generally be carried out by way of a lawsuit. In exceptional cases, especially with utility models that are very easy for the court to comprehend, this can also be done on a case-by-case basis by way of a preliminary injunction.
We represent you before all courts in Germany. Benefit from our many years of experience in a wide variety of utility model law disputes and court proceedings.
Scope of services
- Review and assessment of the factual and legal situation in collaboration with a specialized patent attorney
- Consultation regarding legal options and strategic approach
- out-of-court representation in cease and desist proceedings
- judicial enforcement before all state and higher regional courts competent in Germany by way of preliminary injunction or lawsuit
- Enforcement of cease and desist agreements by claiming contractual penalties or fines
Costs
We usually offer our services on an hourly basis at a reasonable hourly rate or according to the Lawyers' Compensation Act (Rechtsanwaltsvergütungsgesetz - RVG). Cost transparency and cost certainty are the basis for a successful collaboration. We are happy to provide you with an estimate of the anticipated costs and cost risks before you engage our services.
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