Property right analysis
When a new product is to be marketed, it must be clarified whether this product could infringe an industrial property right (e.g. a patent, but also a trademark or design). (“Freedom to operate”)
We are happy to assist you in this process by researching and analyzing the possibly interfering property rights and giving you our assessment of whether a property right is infringed, where there are possible hurdles and, if possible, explaining ways in which the product can be modified so that no property rights are infringed upon.
Corresponding analyses can also be prepared for the reverse case, in which we check whether a third-party product infringes one of your industrial property rights.
In the course of economic cooperation in particular, questions regarding industrial property rights must be regulated – to whom does the invention that is created in the course of the cooperation belong to and in what proportions? How are rights of joint use (licenses) of already existing monopoly rights (patents, trademarks, designs) to be determined? What must remain confidential during the course of the collaboration and what will not?
The answers to such questions should be given in a legally binding and exhaustive manner that provides a robust set of agreements.
In disputes, dissent must be contractually resolved, for example in the form of priority agreements, delimitation agreements or cease and desist obligations.
Our experienced team will be happy to assist you in the preparation of such contracts.