Anyone who uses a patented invention, a registered trademark or any other kind of sole right without the holder’s permission is guilty of infringing the rights of the holder. When a dispute arises, it is important to act swiftly and correctly. However, before any action is taken, it is essential to involve the right decision-maker and to clearly determine and define the commercial aim of the dispute.
We have a well-documented track record of acting in disputes in Sweden and elsewhere. We represent companies in negotiations with their adversaries and before courts of law. We act as the coordinator in international disputes. And we have well-established links with litigation lawyers in key export countries for Swedish companies.
Get things right – right from the start!
- The first stage in an infringement dispute is to ascertain whether an actual infringement has occurred.
- Then a decision needs to be made about what demands to make on your adversary: immediate cessation of infringement acts, damages for the results of the infringements, the destruction of any stocks, and sometimes also measures to impose a penalty payment if the infringement continues or is repeated.
Most disputes can usually be resolved by an out-of-court agreement between the parties, as a settlement of this kind avoids the time and expense involved in pursuing action through the courts.