IP services / IP infringement and litigation
HORAK · INTELLECTUAL PROPERTY
IP infringement and litigation
Enforce or defend patents, trade marks, designs, copyright and trade secrets with a strategy suited to the evidence and commercial stakes. We assess urgent action, negotiated solutions and proceedings in the appropriate forum.
Establish the right and the alleged act
The first task is to verify ownership, territorial scope, validity risks and the conduct complained of. Patent claims require a feature-by-feature analysis; trade mark and design disputes require different comparisons. A similar-looking product alone does not establish patent infringement.
Protect the evidence and the timetable
Preserve products, dated screenshots, correspondence and sales information. Interim relief can involve demanding urgency and evidence requirements. Warning letters and undertakings should be assessed before responding, particularly where contractual penalties or broad admissions are proposed.
Choose a proportionate remedy
Potential claims may include injunctive relief, information, damages, recall or destruction, depending on the right and facts. Enforcement needs to account for counterclaims and validity attacks. Cross-border disputes require coordinated forum and territorial analysis rather than assuming one judgment covers every market.
Three practical examples
Illustrative situations; outcomes depend on the facts and the applicable law.
01
A distributor receives a patent warning letter: we assess deadlines, product features and upstream supplier information.
02
A copied product appears at a trade fair: evidence preservation and urgent relief are considered together.
03
A brand owner identifies an online counterfeiter: platform action, customs measures and court proceedings may serve different purposes.
What to prepare
The asserted rights, correspondence and deadlines, samples or screenshots, sales territories and evidence of ownership.
How we approach your matter
01 · Assess
We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.
02 · Agree
We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.
03 · Act
We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.
Customs action and anti-counterfeiting
For goods suspected of infringing covered IP rights at the EU border, rights holders can request customs intervention through an Application for Action. The appropriate national or Union application depends on the rights and territories. Applications are filed electronically through the applicable portal. Product identification information and a reliable response contact help customs distinguish suspected counterfeits from legitimate goods.
Detention is a procedural step, not a final court finding of infringement. Notices require prompt assessment, and destruction, consent, opposition and court steps have their own conditions and deadlines. European Commission guidance on customs applications.
Enforcement examples
A brand owner supplies customs with packaging and product identifiers to support a border-enforcement application.
An importer receives a detention notice and must promptly assess whether the goods infringe the identified right.
A copied product is advertised online and imported in consignments: platform action, customs measures and court remedies may need coordination.
Unfair competition and supplementary product protection
A dispute may also involve misleading advertising, imitation or other unfair commercial conduct. Such claims have their own requirements and should not be treated as a substitute for proving a patent, trade mark, design or copyright infringement. We assess the product presentation, the market context, the parties and the available evidence before selecting a route.
Further information
Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.
International filing strategy · Portfolio review · IP disputes
Discuss the next step
Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.
Hannover headquarters · Advice for German and international businesses · Our offices
Enquire about iP infringement and litigation
Request a review of an infringement allegation or assistance enforcing your rights. Identify the other party and the affected right or product if known; call us as well when a deadline is imminent. All fields are optional.