Have you received a warning notice due to a supposed violation against the utility model law? Is the holder of rights to a utility model demanding the provision of a cease-and-desist declaration, information regarding the extent of use of the technical protective right, the payment of license damages, and the reimbursement of resulting warning notice costs? Is the holder of rights demanding the destruction, recall, or the transfer of a product upon which supposedly his/her utility model is based? Before you comply with the corresponding demands, you should seek the advice of an experienced (expert) attorney and obtain representation. Not every warning notice is legitimate, and even with legitimate warning notices, the demands being asserted go beyond the actually existing claims in many cases.
What we offer
We will check for you whether the products being manufactured or sold by you are even infringing goods, whether the warning notice is basically legitimate, whether the cease-and-desist declaration being required by the holder of rights to a utility model corresponds to the prohibited trade, and whether the compensatory damage claims being asserted, particularly regarding amount, actually exist. In doing so, we will work closely together with specialized patent attorneys on the technical protective area of the claimed utility model for the technical evaluation of the facts of the case.
If the warning notice is legitimate, the risk of consequential claims being asserted, particularly contractual penalties to be paid, can be minimized by an intelligently formulated cease-and-desist declaration and the negotiation of reasonable grace periods.
If the warning notice is not legitimate, it can be defended against as quickly and efficiently as possible and – to the extent possible – resulting costs can be demanded from the opposing party.
We can represent you before all courts in Germany. Take advantage of our many years of experience in many patent law disputes and court proceedings.
Scope of service
- Examination and evaluation of the technical and legal situation together with a specialized patent attorney
- Consulting with respect to the legal options and the strategic procedure in defending against the claims
- Out-of-court representation in warning notice proceedings
- Defense before all district and upper regional courts in Germany in related complaints and temporary injunctions
- Defense of claims of the holder of rights to a utility model in proceedings of the asserting of contractual penalties or administrative fines
We normally offer our services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.