- Trade marks
- Plant breeder's rights
- Understanding IP
- IP infringement
If your efforts to resolve a disoute outside of court are unsuccessful, or if you choose to bypass these alternative alternative resolution methods, you may wish to start proceedings in a court of law.
Infringement proceedings are very expensive and they allow the other party to challenge the validity of IP rights.
The following are examples of applications made on an urgent basis.
The court has the power to order an interim injunction. This may be an order that the alleged infringers stop their infringing action pending the outcome of a trial (which can take many months).
Application for interim injunction
This is an application to the court to immediately stop certain behaviour or to require a person or company to do certain things.
A court will issue an injunction when it believes there is a serious issue to be tried and monetary damages would not be an adequate remedy.
If an injunction is issued, the infringing conduct, although yet unproven, must be stopped immediately.
Interim injunctions are usually ordered for short periods of time, often one or two days. After this time the parties are required to attend court to determine whether or not the injunction should be continued.
If an interim injunction is granted and it is later found that it should not have been ordered, compensation may need to be paid to the person adversely affected.
Application for preliminary discovery
You may not know the identity of an infringer until you gain access to relevant information and documents. An order for preliminary discovery requires a person or company to give you information about possible infringers. The person or company concerned may not end up being a defendant, but merely someone who has relevant information or documents.
Anton Piller order
Anton Piller orders are the civil equivalent of a search warrant. They allow the owner of an IP right to search an infringer's premises and seize specific items relating to infringing conduct.
Anton Piller orders are not easily obtained. You must demonstrate:
An Anton Piller order is only the first part of proceedings. All other aspects of the alleged infringement need to be proven in court.
Trade mark basics
Find out what a trade mark is and learn about the differences between a trade mark and a design right, business name or domain name.
Types of trade marks
A trade mark is not limited to being a corporate logo. It could also be a jingle, your business name painted on the side of your truck or even a scent.
Benefits of a trade mark
A trade mark can be your most valuable marketing tool. It is your business identity that helps you promote your products or services.
The examination process is where we check your application to make sure it contains all the correct information and meets legislative requirements.
Jl. Soekarno Hatta 590
MTC Kav. B-36 Lt.2
Phone : +62-22-753 7469
Facs : +62-22-753 7092
SMS/WA :0811 2283 083
Pin BB :5711DC6A