Q: What options are open to a patent owner seeking to
enforce its rights in your jurisdiction?

The first and quickest way of acting against an infringer is to request a temporary restraining order. This will be granted if the petitioner proves the existence of a prima facie serious infringement as a matter of exceptional urgency. Such request is filed concurrently with a petition for injunction and, if granted, is usually effective until the hearing
of the injunction takes place. Within this framework, the patent owner may request cessation of the infringing act and removal of the allegedly infringing products from the market. The patent owner may also take measures to preserve evidence and has the right to information. The next step is the main infringement action, in which the patent owner may request compensation and moral damages.

For the most effective patent protection, adopting a prevention strategy by establishing an efficient watching system is key. This can be achieved by filing a general request with the local customs authorities, which will notify the rights holder or its representative on interception of suspected infringing
goods.

‘This article first appeared in Patents in Europe: Helping business compete in the global economy 2019/2020, a supplement to IAM, published by Globe Business Media Group - IP Division. To view the guide in full, please go to www.IAM-media.com.’