Dispute resolution

Recovery of compensation for violation of exclusive rights, as well as the imposition of a ban on the import, sale and manufacture of patented industrial design

By 12.11.2018 No Comments

Lawyers of Legal Studio represented the manufacturer of language laboratories in a dispute over the illegal use of the right to an industrial design. Two companies affiliated with each other offered for sale equipment, in which an industrial design was illegally used, on the internet site without the consent of the manufacturer, the exclusive rights to which belonged to the above manufacturer.

Lawyers of Legal Studio had to defend the legal position of the client on the existence of grounds for meeting their claims in three instances.

The ambiguity of the case was that within the framework of the trial the representatives of the respondents referred to the fact that they were not the administrators and copyright holders of the Internet site. Devices that were sold through the website did not have a similar purpose and, when visually inspected, did not contain all the essential features of an industrial design.

As a result, the dispute went to the Court on Intellectual Property Rights (CIP). According to the results of the forensic patent examination and the consideration of the dispute, the court agreed with the presented legal position and prohibited the respondent from manufacturing and selling the disputed equipment, and also jointly collected the requested compensation.