PATENTS AND UTILITY MODELS
Besides proceeding in disputes before the Hungarian Intellectual Property Office, our patent attorneys also enjoy right of representation on an equal footing with attorneys in disputes before the courts falling within the scope of intellectual property rights protection. In order to ensure you receive the highest possible standards of services during the court phase of proceedings we play to one of our firm’s greatest strengths by creating a team of 2-4 specialists, in each case incorporating the dedicated and highly experienced legal practitioners of the law firms operating in close professional co-operation with Danubia under the Danubia Legal brand.
We provide legal representation for both right holders and adverse parties in disputes involving patents and utility models, most frequently in infringement- and cancellation actions, and in obtaining declarations of non-infringement, where our widely acknowledged expertise and experience make us the go-to firm in Hungary.
We also bring our considerable expertise to bear in representing your interests in disputes relating to inventor remuneration, licence agreements and competition law infringements.
A preliminary injunction (PI) is a common legal remedy available to a patent holder granted very early in a court action to restrain a party from allegedly further infringing a patent pending the conclusion of litigation. It is important to note that a preliminary injunction may still be obtained despite the underlying right itself being under attack. You must file a claim for infringement within 15 days of the request for PI being granted, a condition of which would be that the legal injury you have suffered is comparatively recent; as a claimant you may lose certain benefits should you only file a request for PI after a period of more than 2 months has elapsed from the date of the alleged infringement coming to your initial attention.
The Court of Justice of the European Union is currently considering a challenging case represented by Danubia Legal involving the conditions for compensating a manufacturer from the security deposit they have lodged, should the patent, in favour of which the PI was granted to restrain the manufacturer’s activity, be later revoked or limited.