Intellectual property enforcement and disputes
We protect copyright and related rights in software, content and design, and recover compensation for unlawful use. We conduct disputes over infringement of rights in trademarks and patents, over counterfeit goods and over domain names, including under the UDRP and UA-DRP procedures. We put a trade secret regime in place and protect know-how.
Protection of copyright and related rights
Protection of software, content, design, music and audiovisual works. Recording of authorship, contracts with authors and performers, recovery of compensation for unlawful use.
Objects of copyright make up more and more of the value of a modern business. Software, design, marketing materials, technical documentation, multimedia content and other results of creative activity need comprehensive legal protection.
The PROCTOR team structures a system of copyright protection that takes account of how the object was created, of the contractual relations between authors and employers, of the transfer of economic rights, of the international use of the results of intellectual activity and of the prospects of commercialising them.
We provide legal support that allows the client not only to confirm its rights but also to use intellectual assets effectively as a source of profit.
Disputes over infringement of intellectual property rights
Judicial protection against counterfeit goods and unlawful use of trademarks and patents: prohibition of use, seizure of the goods, recovery of damages and compensation. Representation in disputes over invalidation of rights.
Domain name disputes
Recovery of domains that infringe rights in a trademark through the national courts and the UDRP/UA-DRP procedures. Protection against cybersquatting and abuse by registrants.
Trade secrets and know-how
Building a trade secret regime at an enterprise: regulations, NDAs, access rights, marking of information. Protection in disputes over leaks of confidential information, including through former employees.
How we run a dispute
From recording the infringement to recovery of compensation: the order in which we take back control of the object.
01
Rights and evidence
We establish what confirms the rights of the client and record the infringement: a notarial inspection of the website, a test purchase, an expert opinion on the similarity of the signs.
02
Choice of mechanism
We compare the routes available: court, the customs register, a complaint to the Antimonopoly Committee, the UDRP or UA-DRP procedure, criminal proceedings. We take the one that gives a result sooner.
03
Claim and negotiation
We send a demand to stop the use and offer terms of settlement. Part of the matters close here: the infringer withdraws the goods or transfers the domain without going to court.
04
Court proceedings
We prepare the claim, the application for interim measures and the evidence, and run the case in the courts of all instances: prohibition of use, seizure of counterfeit goods, recovery of damages and compensation.
05
Enforcement of the judgment
We take the matter through to an actual result: enforcement proceedings, transfer of the domain, withdrawal of the goods from circulation, a check that the infringement does not return.
Ways we protect your rights
The format depends on whether this is one infringement, a full dispute, or a need to keep the portfolio guarded at all times.
One infringement
Work on a particular fact: assessment of the prospects, preservation of evidence and a claim to the infringer. Suitable when the use has to be stopped quickly without litigation.
Running the case
Full support of the dispute from gathering the evidence to enforcement of the judgment, including the UDRP and UA-DRP domain procedures and cases on invalidation of rights.
Systemic portfolio defence
Standing monitoring of the market and the registers, entry of the objects in the customs register, a trade secret regime and a response to every infringement found.