São Paulo · Brazil
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Cases · Technology & intellectual property · Trademarks, brands & counterfeiting
Defend against an infringement claim abroad
We've been accused of infringing a patent or trade mark abroad. What now?
WONE Global has local IP counsel assess the claim, the rights and your defences, and respond, negotiate or challenge the right.
Countries in the typical case Israel · Germany
The situation
What is happening
A rights holder alleges your product, software or content infringes their patent, design, mark or copyright in another country.
What is at stake
An infringement claim can stop your sales in a market and lead to damages.
Who faces this
- Corporations
- Mid-sized companies
- Founders and growing companies
A scenario
Medical device makerMid-sized company · from Israel · in Germany
Days before a German trade fair, a competitor's lawyers send a patent infringement letter threatening an injunction at the stand.
Where it ends The fair goes ahead, and the claim is answered properly.
A representative scenario of the work WONE Global coordinates, not a specific client’s matter.
Also asked as “IP infringement letter from another country”“Customs seized our goods for infringement”“A marketplace has removed our genuine products after an IP complaint”“A patent owner has sent us a cease-and-desist notice”
The solution
How WONE Global handles it
WONE Global has local IP counsel assess the claim, the rights and your defences, and respond, negotiate or challenge the right.
Usually led by Intellectual Property & Brand Protection, with Disputes & Resolution, Legal & Contracting and Insurance & Risk Transfer.
Step by step, in the scenario
- First daysGerman patent counsel assesses the patent and the product.
- Week 1Protective letter filed with the court; reply sent.
- Trade fairCounsel on call.
- ThenChallenge to the patent or licence talks.
Timings are typical. They depend on the countries, the authorities involved and how quickly documents are available.
Decisions
The decisions involved
- 01How strong the claim is and whether the right is valid there
- 02Design-around, licence, challenge or defend
- 03What the exposure is in damages, injunctions and customs seizures
Outcomes
What you receive
- A merits and exposure assessment
- A response strategy and, where needed, a validity challenge
- Settlement or licence terms negotiated
This is a general guide. Your WONE Global professional confirms the work, timing and fees for your markets before anything starts.
Services
The services involved
One area of expertise usually leads; the others move with it. WONE Global keeps them connected across every country involved.
Who handles it
Intellectual Property & Brand Protection, market by market
The status of the lead service in the markets that matter for this case. A named WONE Global Partner acts under their own licence; where none is in place yet, WONE Global confirms availability before anything else.
- Germanyin the typical case On request Availability confirmed before any work begins Bring a requirement →
- Israelin the typical case On request Availability confirmed before any work begins Bring a requirement →
- Brazil WONE Global Partner Luis Felipe Balieiro Lima · Partner Brief this Partner →
- Poland WONE Global Partner Andrzej Zacharzewski · Partner Brief this Partner →
- South Africa WONE Global Partner Kameel Keshav CA(SA) · Managing Partner Brief this Partner →
- Uganda WONE Global Partner Tony Galandi Kiire · Managing Partner Brief this Partner →
- India On request Availability confirmed before any work begins Bring a requirement →
- Saudi Arabia On request Availability confirmed before any work begins Bring a requirement →
- Singapore On request Availability confirmed before any work begins Bring a requirement →
- United Arab Emirates On request Availability confirmed before any work begins Bring a requirement →
- United Kingdom On request Availability confirmed before any work begins Bring a requirement →
- United States On request Availability confirmed before any work begins Bring a requirement →
Other markets: WONE Global covers 100 countries. Name yours in the requirement →
São Paulo · Brazil
Kraków · Poland
Johannesburg · South Africa
Kampala · Uganda
Palermo · ArgentinaWONE Global Partner · Argentina
Dr. Silvia Patricia Maccari
She is a lawyer, graduated from the Faculty of Law and Social Sciences of the University of Buenos Aires. She took his first steps in the nation\'s judiciary, in the National Labor Court, where he developed a rapid care…
Brunswick · AustraliaWONE Global Partner · Australia
Dimitrios Katsaros
Discover
Where this case connects
The markets, corridors and guides behind this case, and the questions to put to Ask WONE below. Every link opens a page that links back here.
Markets in the typical case
Services and subject
Worked examples
How it goes in practice
Researched corridor journeys, and representative scenarios on the same subject. None is a specific client’s matter.
- Germany ↔ GCC · researched journeyA German engineering firm sets up a Saudi project company to deliver a contractRead the journey →
- UAE ↔ Europe · researched journeyA UAE company sets up a GmbH in GermanyRead the journey →
- Mid-sized company · from Spain · in ChinaIt finds that a local importer has already filed its brand in China.How WONE Global handles it →
Trademarks, brands & counterfeiting
Related cases
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WONE Global Intelligence
Ask about doing business across borders
Ask in your own words. Answers come from WONE Global's checked records, with every source shown, and end with the named Partner who can act. Go deeper on any point, or build a decision file.
UNIONE™ · Before You Arbitrate™
If this becomes a dispute, test it first.
Test the claim or the defence, the evidence, the exposure and the settlement options before committing to formal proceedings.
01 · Before signatureBefore You Sign™Get the dispute clause, governing law, seat, notices and escalation steps right while the contract can still change.Review the contract 02 · A dispute is emergingBefore You Arbitrate™Test the claim or the defence, the evidence, the exposure and the settlement options before committing to formal proceedings.Test the claim 03 · A binding decision is neededArbitrationStart, answer or run an administered arbitration under the UNIONE™ Rules, with procedure sized to the value, urgency and evidence.Open arbitration 04 · Before enforcementBefore You Enforce™Plan recognition, assets, jurisdiction and security, including State and State-owned parties, before committing to enforcement.Plan recovery
For this moment
Before You Arbitrate™Independent Assessment™Claim Viability™, Defence Exposure™, Evidence Gap Map™ and Settle or Proceed™, before money is committed to proceedings.Before You Arbitrate™Structured Resolution™Mediation, neutral evaluation and expert determination, run to a timetable.
UNIONE™ is the UNBOUNDED™ Global Ecosystem's institution for cross-border dispute prevention, resolution, arbitration and enforcement. Like WONE Global, it is part of the ecosystem, and the two work as one. Links open theunione.org. Visit UNIONE™