Patents

The holder of a valid patent is entitled to act whenever the patented object falls prone to infringement.

A case of infringement shall be examined on the basis of the material disclosed in the patent claims, whereby similarities are of major importance.
It is considered most useful to have a study carried out by a patent engineer in order to verify a case of possible infringement.

Afterwards, one can decide on the different possibilities on how to proceed, such as issuing a communication by registered mail, initiating a descriptive seizure or by a summoning to court.

Trademarks

The holder of a valid trademark is entitled to act whenever an identical or similar trade mark is used for the same or related products or services.
The legislator determines that in the following cases the use of a sign (a word, a logo, a means of identification) under economical circumstances is deemed as an infringement to a registered trade mark:

  • the use of a sign identical to a registered trade mark (in the same domain of activities);
  • the use of a similar sign, in case this use should create confusion with a registered trade mark (e.g. the danger of association);
  • the use of a sign, similar to a known trade mark, for non-similar services, insofar as its use is detrimental to the differentiating ability or the reputation of a registered trade mark;
  • the use of a sign that hooks on to a registered trade mark.


Some examples:

  • an identical trade mark on a counterfeit product;
  • the use as a keyword or adword on the internet;
  • using the trade mark of a third party in publicity material.

 

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