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UP Services
Infringement
What UP infringement services do we offer?

Filing infringement action against a UP and the EP via the UPC

Each situation will be assessed individually.
The majority of the procedures will consists of these steps:

  • An assessment of the nature of the infringement.
  • Gathering evidence.
  • If necessary, a comparison of the patent description.
  • The preparation of arguments (including an analysis of legal acts, case law, and other sources).
  • Drafting the procedural documents.
Relevance:

One of the upcoming UP services – infringement. Unfortunately, problems coming from violating a patent owner’s rights may be impossible to resolve through negotiations. Then, the only way for the patent owner to protect their legitimate interests is to take the issue to the courts (in the form of the UPC). The process requires a great deal of experience and knowledge. It consists of the proper drafting of a procedural document, the selection of arguments, and the gathering of evidence. In this case, it is best to turn to IP specialists in the form of IP solicitors.

Description and steps:
1

First, you will need to collect all necessary information, documents, evidence, and arguments.

2

Secondly, you will have to prepare a claim (in the form of an infringement action) against a unitary patent and/or EP in front of the UPC.

We will bring the action before a specific UPC (court) division. It depends on the defendant’s location or the infringement’s nature.
Also, it depends on the technology sector involved:

  • Local (within a specific EU member state);
  • Regional (if two or more EU member states have an agreement to establish a regional court, i.e., the ‘Nordic-Baltic Regional Division’ in Stockholm, Sweden);
  • Central divisions (depending upon the technology sector, this will either be in Germany, Italy, or France);
  • The Court of Appeal (in Luxembourg).
Need to file infringement action?
Contact us

Timing/order:

The UP infringement service may be ordered at any time while the person concerned has no doubt that someone else is infringing their rights through the related patent. Do not hesitate to get in touch with us or check our other services like UP annuities services.

We will contact you!

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