In the field of industrial property, an infringement report is a tool that fulfills multiple critical functions for the protection and defense of patent, trademark, and industrial design rights. Its relevance is manifested in several aspects:
Documentation and Evidence:
The infringement report systematically and comprehensively compiles all the evidence that demonstrates the violation of industrial property rights. This includes documents, photographs, product samples, testimonies, and any other relevant proof.
Preventive Measures:
The report not only focuses on the current infringement but can also identify potential weaknesses in the protection of industrial rights. This allows the holder to implement corrective and preventive measures to strengthen their protection and reduce the risk of future infringements. For example, it may recommend improvements in the strategy for registering trademarks, patents, and designs.
Legal Actions:
An infringement report is usually a prerequisite for initiating legal actions, as it provides the set of facts and evidence on which claims or judicial requests are based.
Negotiation and Resolution:
Infringement reports are also useful in the extrajudicial resolution of conflicts. Presenting a detailed and well-founded report can persuade the infringer to negotiate an agreement, thus avoiding a long and costly litigation. Extrajudicial agreements may include economic compensation, usage licenses, or commitments not to infringe in the future.
If you believe your rights have been violated or wish to prevent it by registering your trademarks, patents, or designs, contact us and we will advise you.