IPR and intellectual property rights is a collective term for the rights associated with, among other things, technical or industrial creations, inventions, designs, trademarks, utility models, literary works, software and other types of creations or works. For example, intellectual property rights can consist of rights to a trademark, invention, design or copyright. In many companies, intellectual property rights represent some of the company's greatest assets. This may be the case, for example, if the company's sales are based on one or more patented inventions, or if the company's sales are linked to the sale of goods or services under valuable brands (trademarks). It is therefore important that the company ensures that its intellectual property rights are properly protected. Furthermore, it is essential that any infringements of the company's intellectual property rights are dealt with effectively. We help companies protect their intellectual property rights, including by preparing and filing trademark and design applications - and we assist our clients in all stages of the enforcement process, including in relation to the handling of infringement cases.
Experience and expertise in handling intellectual property litigation
CLEMENS has extensive experience in handling litigation in the field of intellectual property, including cases involving product imitation, patent infringement and misappropriation or misuse of trade secrets. These types of litigation often involve high value and complex issues - and it is relevant and useful that we can draw on many years of experience in this area. Product infringement cases often start with the initiation of an evidentiary hearing and/or a request for a preliminary injunction. If the court grants a request for an evidentiary hearing or an injunction, a decision to do so must be followed by the commencement of infringement proceedings, during which, among other things, a final decision must be made as to whether or not infringement has taken place. In addition to intangible issues, this type of case often involves complicated procedural issues. It is therefore an advantage to have an experienced Attorney on board when handling such cases.
Protecting your company name, logos, trademarks, inventions, etc. - creating IPR strategies
We have extensive experience in the preparation of IPR strategies, where a plan is made for how the company's intellectual property rights can be protected and enforced in the best possible way both nationally and internationally. We prepare trademark and design applications and file them with the relevant authorities in Denmark and abroad (through our international network of agents and lawyers).
Commercial use of intangible assets
We also advise on the commercialization of IPR/intellectual property rights, and we draw up contracts regarding, among other things:
- License conditions
- Transfer of intellectual property rights
- Research and development collaboration
- Collaboration agreements
CLEMENS also assists in the protection and enforcement of IPR/intellectual property rights abroad through contact with our network of foreign lawyers.
FAQ
IPR/intangible rights is a collective term for the rights associated with, among other things, technical or industrial creations, inventions, designs, trademarks, applied arts, literary works, software and other types of creations or works.
Not all intellectual property rights can be registered. This includes copyrights, for example, which cannot be registered in Denmark (although it is possible in a few other countries). Trademark rights can be obtained both through use and registration.
If you want to register a trademark, you need to prepare and file an application in the country or countries/regions in which you wish to protect your trademark. Although you can obtain protection for your trademark through use (without registration), there are clear advantages to registering your trademark.
If you have made an invention, it will be relevant to consider whether it is possible (and whether it makes commercial sense) to apply for a patent on the invention. In this process, you should seek advice from a patent agent.
In connection with the development and launch of new products, it is relevant to consider whether there is a basis for applying for design registration of the appearance of the products. We assist with the preparation and filing of design applications in Denmark, the EU and the rest of the world (through our international network of agents and attorneys).
There are many different laws, EU directives and regulations that govern the protection of different types of intellectual property rights.
Some of the most important laws are the Trademark Act, Patent Act, Design Act and Copyright Act.
Legislation in the field of intangible assets changes regularly, and it is important to keep up to date to ensure correct and optimal management of your company's intangible assets.
Intellectual property rights are often attached to some of a company's most important assets - and it is therefore relevant for most companies to ensure that these assets are protected in the best possible way.
Intellectual property rights are so-called "exclusive rights" that - depending on the type of right in question - give the company an exclusive right to, for example, a certain name, a certain product appearance, a certain invention, etc.
If you have developed a new product, it will often be relevant to investigate whether the product can be protected through, for example, a design registration (the appearance of the product) and/or a patent application (if the product is based on an invention).
The advantage of obtaining design and/or patent protection is, among other things, that the company can prevent others from using the same design or patented invention.
Similarly, it may be wise to register the trademarks that the company uses in its marketing to prevent others from using the same or similar trademarks for the same or similar types of services or goods.
