Stages of the procedure
- 01
Audit the right and preserve evidence
Check registers, acquisition agreements and licences, then identify the alleged infringing acts. Preserve authentic dated materials with a traceable source: offers, samples, photographs, invoices and correspondence. The infringement question must be distinguished from any question about the underlying right’s validity.
- 02
Assess remedies and urgent measures
Examine the conditions for an injunction, monetary claims and other remedies available for that particular right. Interim relief, preservation of evidence, disclosure or delivery of evidence and requests for information are separate instruments with separate requirements. None is automatically available merely because an infringement has been alleged.
- 03
Notice, negotiations or court proceedings
Before taking action, assess the legal grounds, possible counterclaims and the prospects of agreement. Statements of claim and defence require organised factual allegations and evidence. In technical matters, comparing product features against patent claims and obtaining expert evidence may be particularly important.
- 04
Judgment, review and enforcement
After judgment, determine the precise obligations, available appeals and steps needed for enforcement. One ruling does not necessarily end every dispute concerning the IP portfolio. A settlement should identify the required conduct, relevant products, territories and financial arrangements clearly enough to reduce the risk of another disagreement.
Risks and decision points
- Delaying preservation of material may make facts harder to prove.
- Registration does not establish infringement or justify every remedy claimed.
- Court selection and representation must be checked against jurisdiction and special procedural rules.