It is important to consider
third party rights before embarking on any new project.
Failure to identify conflicting patents, trade marks or
designs at an early state may lead to wastage of development
and marketing costs and can lead to litigation.
Patent clearance searches are important. The grant of a
patent does not automatically mean that the invention can
be used without infringement of third party rights. Many
searching strategies are possible and we routinely advise
on the most appropriate way of providing our clients with
cost effective clearance for the new product or development.
Trade mark searches are also important. Any new trade mark
should be searched before use in any territory. Trade mark
searches are quick and cost effective. A watching service
to monitor possibly conflicting third party applications
is recommended.
Patent searches are a source of useful information, preventing
wastage of research and development costs on subject matter
which is already in the public domain. One can avoid research
into topics in which exclusivity cannot be assured, providing
the level of comfort which may be necessary to justify a
substantial investment.
Enforcement or defence of intellectual property rights is
sometimes necessary. Many cases do not justify the cost
of formal proceedings and there are several ways of addressing
an infringement problem. In general litigation should only
be pursued as a last resort. We also provide expertise in
negotiation and drafting of licensing and franchise agreements.
|
|
