Design litigation (Design patent litigation)Today the design of goods has the same importance for individualization on the market as trademark or trade name. Original design is strong competitive edge and companies which stakes on design should protect design by all methods including design litigation.
The peculiarities of design patenting in Ukraine is the absence of substantive examination. Hence “design patent trolls” is not rare phenomenon for Ukraine court practice. This situation also causes the unfair custody registration of design rights (in fact it means recording the design, registered in bad faith, to Custom Register of IP objects).
Mostly design litigation are commenced in state courts, but design infringement is also matter of Antitrust Committee authority.
The design litigation may include:
- cancellation of design patent (in most cases when there is lack of novelty of utility model and lack of inventive step of invention);
- patent infringements (preliminary relieves, court remedies, compensation etc.);
- protection based on the right of prior use;
- protection on the ground of parallel import.
Being acknowledged of the winning strategy of design cases, our lawyers will: