You have invested to protect your distinctive signs, creations, innovations against copying by using patents, trademarks or designs [see benefits service]. However, you find that your products, services, packaging, marketing campaigns or designations are copied by competitors who unfairly divert part of your clients to their benefit [see surveillance service]. To correct this situation, it is necessary to defend your intellectual property rights.
However, before launching the legal proceedings - which can be costly and create adverse reactions - it is necessary to establish precisely the field of the infringements of your rights and to take all possible measures to try to settle amicably your disputes with the concerned party(ies).
The IPSIDE's patent engineers and legal experts, assisted by IPSIDE AVOCAT's lawyers and, where appropriate, intellectual property experts from IPSIDE's international networks [see networks], accompany you in all the pre-litigation phases that are essential for optimizing the impact of your actions and minimize your costs and exposure to possible retaliation:
- Assessment of the counterfeiting and of your position in relation to the intellectual property rights of the other party: in order to assess your position and your chances of success in case of legal action, IPSIDE analyzes the strength of your intellectual property titles compared to those of the other party, and analyzes the risks of a possible legal action.
- Collect of formal counterfeiting proofs: bailiffs' reports and counterfeit seizures, Internet findings or trademark usage investigations are as many formal and legal methods for establishing with certainty the infringement of your rights. These are essential prerequisites for initiating legal action, and the IPSIDE AVOCAT lawyers, who are experienced with this type of measure, bring their expertise to carry out this probation process. In order to obtain certain non-public information useful to strengthen your position, IPSIDE sometimes uses the services of an experienced, qualified and sworn private investigator.
- Pre-litigation negotiations with the aim of avoiding legal action: once the counterfeiting established and all evidence collected [see litigation in attack service] the IPSIDE lawyers, legal experts and patent engineers propose, if possible and desirable, pre-litigation proceedings to the opposing party: letters of formal notice, claims, opening of transactional discussions, in order to avoid direct confrontation in court.