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GENERAL

In competition fight within your field, competitors may decide to ‘attack’ you with intellectual property rights in an attempt to improve their situation. You are then forced to defend yourselves.


DEFENDING YOUR RIGHTS

Are you obtaining intellectual property rights or the owner thereof. Others may believe that your rights have been wrongly granted or will be wrongly granted and attack you. These attacks can in turn be unjustly again. You are then allowed to defend yourselves and a so-called examiner or judge will determine whether you lose or hold your right.


DEFENDING AGAINST INFRINGEMENT CLAIMS

Just when you enter the market with something new, a letter arrives from a competitor’s attorney informing you that your product or service infringes their rights. This claims does not have to be just, because it may well be that the underlying right has been wrongly granted or that you are not infringing at all. However, you have to properly defend yourselves.


Is the infringement claim just, it is then also important to properly respond to minimize damages caused. A settlement in which you cooperate instead of fight may be much more attractive than completely bury themselves.


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