Lawsuit on proscription of illegal use and collection of reimbursement
A lawsuit is filed in case when the infringement was not settled in the course of pre-court dispute settlement procedure or if sending of the letter of claim was considered inappropriate.
One of the methods of fighting counterfeit products sales is filing a lawsuit proscribing illegal use of intellectual property and collecting reimbursement for the illegal use of the intellectual property.
Before filing a lawsuit it is necessary to do the following:
- Collect the evidence of the infringement of the rights by the assumed defendant;
- Buy samples of products;
- Prepare notarized protocol of the infringer’s site inspection;
- Collect other evidence of the infringement.
To protect interests and restore justice, the right holder goes to court. In the lawsuit, the person indicates the contact information, the grounds for applying to the judicial authority, and attaches evidence of his position. These include documents confirming the fact of an infringement: receipts for the purchase of counterfeit goods, notarized copies of Internet pages, expert reports, and others. After registering the lawsuit, the court fixes the date of the preliminary hearing, and then considers the claim with the participation of the parties. By a court decision, the right holder can receive compensation and prevent illegal use of the intellectual property.