Defending a design patent against third parties
A design patent grants its owner the exclusive right to use the design and prohibit third parties using the design in question without the owner’s consent. Anyone who has been infringed in his design right is entitled to an injunction, to a removal of the rights of third parties, to publish the judgment, to an appropriate remuneration, to receive the profit, to get information about the accounting and the origin and distribution channels..
Said right can be enforced at the Commercial Court in Vienna. Readily we could assist your lawyer in case of need or introduce you to a colleague who is experienced in this field.
In addition to the design patent, we also need the infringing product or illustrations thereof and proof that the infringement occurred in the protected geographical area. The illustrations of the registered design and the infringing product should correspond to one another in order to be able to judge an infringement properly.