When a new patented technology is introduced to the market, rivals may try to make identical or closely related goods in terms of technical characteristics.
Without investing the same resources or running the same risks, competitors would have an advantage and be able to produce a similar or identical product at a lower cost.
In such a situation, the company holding the patent may be subject to unfair competitive pressure. Patent rights allow the owner to prohibit or stop rivals from infringing and obtain monetary compensation for damages.
Infringement can be proven when it is established by the patent holder that the infringing product or technique contains each of the claimed elements. Maintaining competitive advantage, market share and profitability may require enforcement of rights.
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Who can enforce patent rights?
Patent owner
The owner of a patent bears primary responsibility for identifying and prosecuting patent infringers. Of course, training employees to spot offenders can help a company monitor the market. Nevertheless, a patent owner is responsible for monitoring the market for his invention, identifying infringers and determining if, how and when to prosecute them.
An exclusive licensee
Independent inventors and small and medium-sized businesses may choose to delegate this responsibility (or part of it) to an exclusive licensee.
patent attorney
A patent attorney should be contacted to assist in patent enforcement, both nationally and internationally. In addition, a lawyer can advise you about the costs and risks associated with this and what you can do best.
Please contact the Intellectual Property Lawyer (IE).
In general, it is advisable to contact a patent attorney in the event of infringement. If a patent holder believes that others are infringing his patented technology without permission, the first step should be to gather information about who is infringing, how they are infringing, and the impact of the infringement on the patent holder’s business. The assistance of the patent attorney required evaluating this information and determining the appropriate course of action regarding the infringement.
Send a letter of strike and desist.
The patent holders may in certain cases, with the help of an IP expert, issue a letter often known as a “cancellation letter” informing the accused infringer to cease activities that amount to an infringement of the rights of the patent holder. In a non-intentional violation, this process is usually successful because the offender interrupts these actions or agrees to negotiate a license agreement.
Filing of a preliminary injunction with the court
However, occasionally surprising the offender is the best way to avoid giving him time to hide or destroy evidence. In some cases, it may be prudent to go to court without notifying the offender and request a “preliminary warrant” to surprise the offender with a raid on their business premises, often raided by the police. The court may order the accused offenders to cease their infringement activities until the outcome of the trial.
Filing Civil Litigation
When a company chooses to take legal action, courts usually offer several remedies to compensate aggrieved patent holders. A patent attorney can provide this information. The court may order the infringer to identify the persons responsible for producing and distributing the infringing products or services, including the distribution routes. At the request of the patent holder, the court may also order that infringing products and materials be destroyed or removed without compensation.
Out-of-court settlement of patent infringement claim
According to the clause in the agreement
If the licensee infringes the patent, you must first determine whether the contract, ie the license agreement, contains a provision requiring mediation or arbitration. These are alternative and often cheaper methods of resolving disputes than litigating in court. Even if no such provision is in the contract, if at all, it may be feasible to use these private processes if both parties agree to submit to them.
Arbitration
Arbitration is usually faster and cheaper than court proceedings, and an arbitral decision is more easily enforced worldwide if the opposing party is a foreign citizen.
Mediation
An advantage of mediation is that the parties can keep the process informal and work together to reach an agreement that balances their interests. As such, it can help maintain positive commercial relationships.
Monitoring competition is an essential tool for detecting possible patent infringements in the market. It is advisable to consult an IP attorney before taking any action in response to the alleged infringement. Being one of the best law firms in Dubai, HHS attorneys and legal advisors provides all services related to the protection of patent rights to their valued clients. professionally experienced IP Legal representatives have clear and realistic solutions to protect your intellectual property and can help you with the following:
- To file a lawsuit for patent infringement by drafting strike letters or legal notice prior to litigation.
- To provide answers to questions about the validity and infringement of third party patents.
- To resolve your dispute with the other party amicably and out of court.
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