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Tranoï, NYC, 22 February 2016
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Which IP rights for fashion brands?
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Intellectual property rights & fashion brands
A legal arsenal at the disposal of fashion brands:
Don‘t forget to register your IP rights, whenever possible!!
Trademark
Copyright
DesignsPatentsConfidential Information
Know-how?
Passing off
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Which legal remedies, if your IP rights get infringed?
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Interim remedies
1. Ex-parte orders:• Search order/saisie-contrefacon• Freezing injunction
2. Interim injunctions
3. Request for information
4. Interdiction to trade & sell infringing products
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Final remedies
1. Pecuniary remedies:
• Damages • Account of profits
2. Non-pecuniary remedies
• Destruction/removal from commercial channels• Declaration• Delivery up and destruction• Court order for a party to reveal relevant
information• Injunction
1. Request for information
2. Interdiction to trade & sell infringing products
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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IP fashion disputes: do‘s and don‘ts
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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IP and the courts
1 of the 9 competent Tribunaux de grande instanceParis TGI: exclusively competent for community trademarks& designs, as well as patents
In France:
In England & Wales:
Chancery divisionIntellectual property enterprise court
Smalll claims track
• How to file a claim?
• Lawsuit• Costs
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Understanding the stakes of IP litigation
• Copyright litigation
• Trademark litigation
• Patent litigation
• Design litigation
Where?
Costs
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
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Annabelle GaubertiIalci [email protected]@ialci1901 on Twitter
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
