dispute resolution and litigation

Should you be in doubt as to whether you should do anything, you can always contact Guardian for good advice

Have you discovered that a competitor has or is copying or imitating a product for which you have a registered right in the form of a patent or design, and thus potentially infringes your patent or design? Or have you been accused of infringing a competitor’s patent or design rights? Or do you want to know if you risk infringing a competitor’s registered rights by launching your product on the market? Then it’s a good idea to contact one of Guardian’s many competent IPR attorneys who have experience in litigation. An infringed right can also be a patented process or use.

The Maritime and Commercial Court

In Denmark, infringement cases concerning patent or design rights must be brought before the Maritime and Commercial Court (SHR) that specializes in cases of technical character. The court usually comprises one legal and two technical judges, from whom one can expect a great deal of legal and technical insight. An infringement case is brought and litigated by a lawyer having the right to appear before the SHR, but is best prepared in collaboration with one of Guardian’s experienced patent and design attorneys, who will function as a technical link between you and the lawyer.

Anlæggelse af krænkelsessag

An infringement case is usually accompanied by a claim for a “temporary injunction” to prevent further infringing activity which, if upheld, is enacted against the defendant from the moment the court has spoken. This typically occurs 6 to 12 months after the case has been filed. Thereafter, the judgment must be up held by a further “justification case” before SHR. The party that loses the case can appeal to the High Court.

If the infringement takes place outside Denmark, the case must be litigated in the country or countries in question. Here, as in Denmark, you have to use local lawyers to bring the case to court, but you can still use Guardian’s experienced patent and design attorneys as a “technical consultant” and a link to the local lawyers.

Hvordan guardian kan hjælpe dig

A major advantage of using Guardian’s experienced IPR attorneys, especially in patent infringement cases, is that in addition to providing evidence of an infringing act, through written correspondence with the court and in some cases inspecting the potentially infringing object before the final trial in SHR, the potential infringers may defend themselves by attacking the validity of the patent. In this case it is a good idea to let Guardian’s patent attorneys review the validity of the patent whose rights are claimed, whether it should be attacked or defended, before or at the same time as contacting a lawyer. The same will also apply to a design patent.

It is important to gain an overview of your options as soon as possible. Should you be in doubt as to whether you should do anything, you can always contact Guardian for good advice.

Guardian can assist in recommending litigators specializing in infringement cases.

Contact us

Please feel free to contact us. Guardian has one of Denmark’s largest and strongest teams of European Patent Attorneys and European Design Attorneys providing expertise in diverse technical fields. Reach out for us for a non-binding conversation.

David Hendriksen

IP consultant, Managing Partner, European Patent Attorney

dhe@gipc.eu

+45 77 34 44 49

Lars Pallisgaard Olsen

IP consultant, Partner, European Patent Attorney

lpo@gipc.eu

+45 77 34 44 58

Or choose to be dialed up.

Get valueable advice

By signing up for our newsletter, our experts will provide you with relevant advice about current topics within patents and designs.

We are Proud to be Recognised as one of the leading patent consulting firms in Europe by the Financial times.