The specialist qualifications of an attorney are one of the factors influencing the successful or unsuccessful outcome of litigation. In the protection of industrial property rights legal knowledge must be supplemented by an understanding of the technical complexity of the lawsuit.

The interests of the client can best be represented by an attorney with a grasp of the technical background to the dispute, who is thus in a position to make the often complex factual circumstances understandable to the judge.

A temporary injunction is an important instrument for the rapid and systematic enforcement of a protective right. The seeking of a temporary injunction requires rapid action to be taken, for which the relevant experience is crucial.

Experience is also needed to ward off a temporary injunction by filing the requisite letters of protection with the courts concerned in which the essential points refuting the need for the issuing of a temporary injunction are laid down.

In providing defence against an infringement action it is important for the attorney to have both precise knowledge of the legal issues at stake and an awareness of the technical background, in order to work out a balanced defence strategy.

In the case of legal action before a court it is often - but not always - advisable to bring about a formal caution so as to halt the legal infringement without initiating legal proceedings. The person affected can generally demand the reimbursement of the costs incurred in the issuing of a warning. The threat of a repeat infringement can mostly be dispelled by the issuing of a cease-and-desist declaration carrying a penalty.

The person affected can demand information and the payment of compensation, for instance in the form of lost profit or a retroactive fictitious licence fee, as it is called.

Anyone wrongly cautioned can review the possibility of a counter-caution.

The attorneys at the law firm of Gulde & Partner advise and represent their clients in the prosecution of infringements and the enforcement of protective rights as well as in the provision of defence against utilisation, unjustified cautions and attacks.

Gulde & Partner provides the combined competence of patent attorneys and attorneys-at-law with a specialised focus on the protection of industrial property rights.