Intellectual property right enforcement by the customs authorities
We continue to see a progressive shift from the original (fiscal) tasks of the customs authorities. The emphasis is primarily on protection of the population and on safety of products entering our customs territory. However, among other tasks of the customs authorities, protection of legitimate interests of holders of intellectual property rights is increasingly coming into play.
In accordance with European and Slovak legislation, the customs authorities perform competences in the field of intellectual property rights protection upon importation, exportation or transit of goods, as well as for goods on the domestic market (shops, warehouses, markets, etc.).
Thanks to the previous experience of our employees in creation and implementation of relevant legislation for the protection of intangible assets and its application in practice, we are specialists in the process procedures necessary for the effective protection of your intellectual property rights.
Our services mainly include:
- comprehensive management of intellectual property rights, in particular trademark, design, copyright, designation of origin and geographical indication rights, patent rights, utility models rights and topography of semiconductor products rights,
- registration of intellectual property rights with the competent public authority and related advice,
- comprehensive assessment of each individual adopted measure on the domestic market or under customs supervision, including the creation of legal analyses,
- representation in proceedings before the customs authorities when submitting a request for action on the domestic market or under customs supervision, or when submitting a request for an extension of the period during which measures are to be taken,
- communication with the customs authority before, during and after taking action (seizure of goods) on the domestic market or under customs supervision, including submitting a statement whether the seized goods infringe your intellectual property rights,
- bring an action seeking whether the seized goods infringe your intellectual property rights before the relevant court in the case if the holder of goods expresses his disagreement to destruction of goods within the so-called standard procedure,
- claiming damages against the holder of goods,
- protection of rights and legitimate interests of the client on reimbursement of costs of the customs authorities during the enforcement of his intellectual property rights,
- comprehensive legal representation in the main proceedings and in related matters,
- in addition to the above mentioned services, our law firm provides legal representation in the proceedings before courts or public authorities in civil, commercial or administrative matters, in a wide range of social relationships.