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ATTACK
GENERAL
You are constantly improving and/or defending your position relative to the competition. It determines the success of your company. You can then not escape the occasional ‘attack’ of a competitor / competing colleague. However this can be done in several ways.
ATTACK OF RIGHTS
Do you suffer from intellectual property rights from others and do you believe that they are wrongly granted? In that case, you can try to attack these rights. Usually this can be done during the registration procedure so that you prevent registration at all. Has the right already been granted. Even in that case, such rights can be attacked during its entire lifetime by starting a revocation procedure.
INFRINGEMENT’S ATTACK
When you are the holder of intellectual property rights, you can enforce these rights in principle against any infringement. Depending on the legal system, several options are available, all with its own advantages and disadvantages. In the end, a judge or jury will decide on infringement or not when the counterparty is not convinced he infringes. Is infringement clear then the conflict usually ends with a settlement agreement.
It is important to know that attacks using intellectual property rights may result in a counterattack on the right itself. If this counterattack is successful, you lose the basis for your infringement claim and will have to pay the costs of the whole law suit.
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