Have you discovered a possible infringement on one of your utility models and wish to put an end to it, or to benefit from license fees?
We work together with you to determine the best approach. As German utility models involve unexamined intellectual property rights, careful consideration is essential. In light of this, it is advisable to begin with an authorization query asking the possible infringer to issue a statement. If a utility model has been deemed valid, a warning letter may also be issued to increase the pressure on the infringer.
We are happy to issue queries or warning letters and to handle correspondence with the opposing party on your behalf.
We can provide rigorous support if you need to enforce your rights by legal means or to increase pressure upon your opponent.
It needs to be determined on a case-by-case basis whether an interim injunction to enforce your utility model can be obtained or whether further legal assistance needs to be sought in the context of substantive proceedings.
While the courts are still quite conservative with regard to the issuing of interim injunctions on the basis of Utility Models, the interim legal protection—especially in the case of utility models derived from pending patent applications likely to be granted—may help you enforce your rights quickly.
Instead of leading to dispute, a utility model infringement can also present a good opportunity to enter a license agreement with the infringer. This may enable you to benefit from royalties generated by an infringer’s successful marketing activities. If this procedure is in your interest, we would be happy to contact the infringer, conduct negotiations on your behalf or advise you discreetly in the background.
Whatever you choose to do, we will explain the risks and opportunities associated with all of these approaches and work with you towards your goals. This means we can enforce your utility model as you specify and that you know the possible risks, which may not be negligible when aggressively enforcing unexamined utility models.
