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How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

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How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors. Annabelle's presentation at Tranoi NYC in February 2016.

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How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

  1. 1. Tranoï, NYC, 22 February 2016 IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
  2. 2. Which IP rights for fashion brands?
  3. 3. 3 Intellectual property rights & fashion brands A legal arsenal at the disposal of fashion brands: Don‘t forget to register your IP rights, whenever possible!! Trademark Copyright Designs Patents Confidential Information Know-how? Passing off IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
  4. 4. Which legal remedies, if your IP rights get infringed?
  5. 5. 5 Interim remedies 1. Ex-parte orders: • Search order/saisie-contrefacon • Freezing injunction 2. Interim injunctions 3. Request for information 4. Interdiction to trade & sell infringing products IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
  6. 6. 6 Final remedies 1. Pecuniary remedies: • Damages • Account of profits 2. Non-pecuniary remedies • Destruction/removal from commercial channels • Declaration • Delivery up and destruction • Court order for a party to reveal relevant information • Injunction IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
  7. 7. IP fashion disputes: do‘s and don‘ts
  8. 8. 8 IP and the courts 1 of the 9 competent Tribunaux de grande instance Paris TGI: exclusively competent for community trademarks& designs, as well as patents In France: In England & Wales: Chancery division Intellectual property enterprise court Smalll claims track • How to file a claim? • Lawsuit • Costs IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
  9. 9. 9 Understanding the stakes of IP litigation • Copyright litigation • Trademark litigation • Patent litigation • Design litigation Where? Costs Who? IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors
  10. 10. 10 Annabelle Gauberti Ialci president contact@ialci.org @ialci1901 on Twitter IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors IP enforcement in the EU: How to efficiently & quickly fight for your IP rights in the fashion & luxury sectors

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