Intellectual property rights protection
Synergy Patent Law Agency provides legal services associated with protection of intellectual property rights in the context of judicial, administrative and criminal proceedings. Our staff includes advocates and patent attorneys with extensive expertise and wide experience in the practical application of a variety of legal remedies related to intellectual property rights protection in the course of each of the said types of proceedings. Due to such expertise and experience, our Agency’s specialists can identify an optimal defense strategy for intellectual property rights protection and advocacy of the client’s best interests. During selection of the procedures and remedies we aim to achieve the result the client expects, assessing the pros and cons of each remedy.
Please, contact us if you need to:
– conduct a legal analysis of the situation with provision of a legal opinion on the most optimal legal rights protection remedy; or
– monitor intellectual property items filed for registration with infringement of the client’s rights, competitors’ intellectual property items, and infringements of the client’s rights; or
– plan and take actions aimed at the out-of-court settlement of a dispute (conduct of negotiations, preparation and dispatching of claims, notices of infringement); or
– draft any procedural documents, including claims, appeals, cassation appeals, pleas, withdrawals, petitions, provisional remedies, applications for interim reliefs, calls for evidence, etc.; or
– be represented before the Antimonopoly Committee of Ukraine, the State Intellectual Property Service of Ukraine, internal affairs bodies, prosecution and other authorities; or
– participate in court proceedings; or
– submit appeals against court decisions to higher courts; or
– appeal against decisions of governmental authorities, including by judicial means; or
– invalidate the documents of title by judicial means; or
– prepare legally sound responses to third party claims.
Our Agency successfully applies the following procedures for protection of intellectual property rights:
The out-of-court procedure involves notification of the infringer on the infringement in progress along with the proposal to settle the dispute out of court and allows settling the dispute amicably and ceasing the infringement without any special time and money losses.
The judicial procedure is used if the infringer ignores the notification sent in the presence of the indispensable evidence and depends on the objectives set jointly with the client. This procedure allows achieving the following results: recognition of the intellectual property right, cessation of the infringement, recovery of damages, indemnification of moral damages, payment of compensation, publication of the infringement-related information in the media at the expense of the infringer, withdrawal from circulation of the goods manufactured with intellectual property rights infringement, invalidation of the documents of title, invalidation of the contract related to the intellectual property rights, termination of the contract, compelling of the infringer to fulfill the contract, including the obligation to pay penalties and inflationary losses, compelling of the infringer to pay penalties to the state budget, and nullification of a governmental authority’s decision.
The administrative procedure allows preventing and/or terminating infringements related to the protection of intellectual property rights via cooperation with the State Intellectual Property Service of Ukraine, the Antimonopoly Committee of Ukraine, the State Customs Service of Ukraine, and internal affairs bodies.
The criminal procedure is applied only in the presence of the elements of crime in the infringer’s actions, including, in certain cases: where the rightholder has suffered damages in excess of the amount stipulated by the legislation in force.
For more detailed information about our services, you can directly contact our Agency’s lawyers. CONTACT US