Pre-trial settlement of intellectual property conflicts

The dictum “The best defense is an attack” applies in military practice, but for the realm of intellectual property, we would recast the phrase as “The best defense is forethought.” If you initially competently and fully approach the issue of ensuring the protection of your intellectual property (registration of copyright and trademarks, conclusion of relevant copyright agreements and non-cash payments on them, cooperation with proven companies in this area, etc.), then in the future, with any development of events, you will have leverage and evidence in the matter of defending your position.

Precedents of violations in the field of intellectual property appear for obvious reasons:

  • ignorance or disregard of the basis of copyright;
  • knowingly conscious violation with the thought “and suddenly they will do and will not notice”;
  • knowledge of the basis of copyright and desire to defend its rightness in order to obtain compensation and restore justice;
  • controversial situations when it is clearly not clear on whose side the law is and it is possible to find out only in court.
    and more.

 

In any case, not knowing the laws does not absolve you of responsibility.

In our judicial practice, our lawyers are faced mainly with copyright violations related to the use of musical material by various productions and broadcasting channels without the permission of the Copyright Holders and the payment of royalties. We can say that with such cases began the active development of precedents not only for lawyers and lawyers in this area, but also for the judges themselves. And every year the number of cases brought to the logical conclusion in favor of the authors (copyright holders) increases.

Our experts, like many others in the field of intellectual property, always recommend first trying to resolve the conflict related to copyright in pre-trial order, which saves both time and money for all legal costs.

But, if the appeal to the court cannot be avoided, we can help in determining the best tactics for conducting our offensive or defensive position.

What we offer our Clients:

  • Writing pre-trial claims regarding violation of your property and non-property copyrights;
  • Study and analysis of legal requests, clarification of incomprehensible points and writing of answers, with the condition of receiving data from the Client to form the evidence base;
  • Writing of Statements of Claim;
  • A detailed study of the materials and the course of the case, which is already in court proceedings, and you only learned that you were attracted as a third party, defendant or witness. And we give an assessment of your risks in such a case and recommendations on the strategy of behavior;
  • Consideration of the claims filed against you;
  • Examination of your request for the expediency of filing a Claim and going to court, in principle: analysis of the fact of violation of rights, identification of the possibilities and risks of pre-trial settlement of the dispute;
  • Clarification with simple words of the legislative norms that appear in the Claim or Claim for violation directed to you.

 

It is also possible to represent the lawyer of our company in court on your behalf, but such a service is stipulated exclusively on an individual basis.

The cost of services depends on the Client’s request and the type of work to be carried out. Please contact and we will help you save money on ships.

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