Assignees of intellectual property rights such as patents, utility models, trademarks and designs have the right to issue letters of warning urging infringing parties to discontinue infringement and pay compensation for damages suffered.
For patents, judging whether the protected rights are infringed requires a comparison of the patented claims against the infringing product in accordance with established infringement judgment criteria. This calls for the assistance of a patent attorney specializing in the technical field in question. Similarly, assistance from a patent attorney versed in the field is crucial for design and trademark cases.
Assignees of intellectual property rights such as patents, utility models, trademarks and designs have the right to issue letters of warning urging infringing parties to discontinue infringement and pay compensation for damages suffered. For patents, judging whether the protected rights are infringed requires a comparison of the patented claims against the infringing product in accordance with established infringement judgment criteria. This calls for the assistance of a patent attorney specializing in the technical field in question. Similarly, assistance from a patent attorney versed in the field is crucial for design and trademark cases.
1) an invalidation trial or a trial to confirm the scope of patent rights may be held at the Intellectual Property Tribunal, or 2) an injunction claim against infringement or litigation for damages may be filed with the Seoul Central District Court, or a criminal procedure initiated by the Public Prosecutor.
1) usually falls within the scope of a patent attorney, while the procedures of 2) require the expertise of a lawyer. However, 1) and 2) are usually interconnected, and the effective resolution of an IP dispute normally involves collaboration between patent attorney and lawyer.
1) an invalidation trial or a trial to confirm the scope of patent rights may be held at the Intellectual Property Tribunal, or 2) an injunction claim against infringement or litigation for damages may be filed with the Seoul Central District Court, or a criminal procedure initiated by the Public Prosecutor. 1) usually falls within the scope of a patent attorney, while the procedures of 2) require the expertise of a lawyer.
However, 1) and 2) are usually interconnected, and the effective resolution of an IP dispute normally involves collaboration between patent attorney and lawyer.
Our in-house lawyers and patent attorneys manage IP disputes jointly, providing seamless and comprehensive IP trial and litigation services. Partnering with BLT improves your chances of favorable trial and litigation results. To speak to our experts, please submit a request for consulting.
Our in-house lawyers and patent attorneys manage IP disputes jointly, providing seamless and comprehensive IP trial and litigation services. Partnering with BLT improves your chances of favorable trial and litigation results. To speak to our experts, please submit a request for consulting.
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Head Office 1F, 25, Beobwon-ro 3-gil, Seocho-gu, Seoul, 06595 Republic of Korea
Tel : +82-2-514-0104 Fax : +82-70-4855-0102 E : info@blt.kr
Incheon Office 26F, 165, Convensia-daero (POSCO Tower Building), Yeonsu-gu, Incheon (Stage9 Songdo POSCO Tower)
Tel : +82-32-710-5104 Fax : +82-70-4855-0102 Email : info@blt.kr
ⓒ 2023. BLT Patent & Law Firm All Rights Reserved.