Infringement Proceedings and Preliminary Injunction Proceedings

Owners of intellectual property rights such as patents, utility models, designs and trade marks are often faced with the situation of these rights being infringed by third parties. Also, companies and natural persons who do not have IP rights may suddenly find themselves involved in an IP dispute if a third party asserts a claim against them.

In both cases, it is necessary to seek advice from a technically and legally competent expert from the outset. At isarpatent® we bring technical and legal expertise together under one roof, with our attorneys-at-law working in close cooperation with our patent attorneys in legal disputes based on IP protection. Importantly, we can support you not just in patent, trade mark, and design disputes, but also in disputes on competition and copyright issues.

Due the extensive experience of our attorneys in dealing with such matters, we can provide our clients with a realistic and focussed assessment of their legal situation at any time, thereby preventing unwelcome surprises in forthcoming proceedings.

Our attorneys always strive to find an inexpensive yet effective solution for our clients, whether in the case of enforcing and defending IP rights, or in disputes relating to competition and copyright issues. Achieving the client’s objectives without judicial intervention, for example via an entitlement enquiry, a warning letter, or a commercial settlement, can often provide a favourable solution on the client’s behalf. Alternatively, the interests of our clients may be enforced in the form of a civil action before a civil court.

The enforcement of rights before a court at short notice in the form of proceedings for a preliminary or interlocutory injunction is a measure which our attorneys frequently employ for clients. Preliminary injunction proceedings are often used as a legal remedy against infringing parties at trade fairs. Our attorneys have also successfully prevented preliminary injunctions against our clients on numerous occasions.

The attorneys-at-law at isarpatent® are authorised to appear before both regional and higher regional courts in Germany, as well as before the German Federal Patent Court in the case of patent revocation disputes.