Patent and utility model owners are often faced with the problem that they have specific evidence of infringement of one of their IP rights, but cannot prove this suspicion of infringement.
This may be due to the fact that the infringing products are only available to a limited group of people or that the infringing process is only practised on the competitor's premises. In these cases, it is difficult to verify the infringement and to secure the corresponding evidence.
In such cases, a so-called inspection procedure can be a remedy. Through inspection proceedings, a court grants a forensic expert and the IP right holder's lawyers access to evidence in order to enable the examination of the IP right infringement.
Content
- 7 key facts about inspection proceedings
- Inspection proceedings fundamentals
- Request for inspection order and requirements
- Permissible inspection measures and conduct of the inspection
- Expert opinion and disclosure of the expert opinion
- Time frame and risk
Our brochure presents possible case constellations for an inspection procedure, the concrete implementation and the time frame.
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