Infringement of another person's intellectual property rights
The question as to whether you are infringing someone else’s intellectual property rights is usually not easy to answer and requires expert factual and legal assessment. In the first place one must assess whether the other party does have the rights on which it relies. And secondly whether there is actually an infringement.
Infringement
Has this actually taken place? If so, it is important to do damage control as soon as possible. This means that you have to fulfil your obligations under the law as soon as possible – though, of course, no more than that. Tactical and strategic insight are important here. By denying and disputing the infringement you may burden both the other party and yourself with extensive, unnecessary costs and damages.
No infringement
If you and your lawyer come to the conclusion that the other party does not have the rights on which it relies, or that those rights are not being infringed, then you are not obliged to comply with the claims and summons of that party. However, you must let the other party know why you will not comply with its summons.
Need legal advice?
More information on your defence options against third party accusations of infringement of intellectual property rights? Feel free to contact one of the specialists in our IP team. We will be happy to help you.