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COURT ACTION IS NEEDED FOR: |
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Protecting IP rights from infringement by third parties |
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Cancellation of other parties' IP rights, when scuh rights are improperly registered or unused |
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Appealing against decisions by administrative institutions and courts |
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Protection from unfair competition |
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Defense against actions filed by another party |
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LITIGATION AND LEGAL SERVICES
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Court actions are an important aspect of Intellectual property enforcement. They allow a rightholder to enforce their rights against IP Infringers when other methods are not effective or appropriate. In other cases, it may be necessary to defend oneself against an IP-related lawsuit. Dr. Emil Benatov & Partners has longstanding experience with handling court and administrative cases in Bulgaria and Ukraine, as well as at the European Court of Justice.
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UKRAINE |
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LITIGATION AND LEGAL SERVICES
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In Ukraine, IP lawsuits are considered by courts of general jurisdiction (if one of the parties to the lawsuit is an individual) and commercial courts (when the parties to the lawsuit are legal entities). The decision of the court of first instance can be reviewed by appeals and cassation instances.
Exceptionally, the following cases are considered in court:
• termination of IP registrations that do not meet the criteria for granting legal protection;
• recognition of the right of prior use of IP rights by an individual;
• full or partial termination of IP Rights registration due to non-use.
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BULGARIA |
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LITIGATION AND LEGAL SERVICES
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In Bulgaria, IP infringement lawsuits must be filed before the Sofia City Court at the first instance, and the court's judgments can be appealed at the Sofia Appeals Court and Supreme Court of Cassation. The decisions of the Bulgarian Patent Office can be appealed at the Sofia City Administrative Court and the Supreme Administrative Court. The decisions of the Commission for Protection of Competition can be appealed before the Sofia-Region Administrative Court and the Supreme Administrative Court.
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UROPEAN UNION |
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LITIGATION AND LEGAL SERVICES
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The decisions of the EUIPO can be appealed at the General Court and European Court of Justice. Infringements of European Trademarks and Designs are handled by the national courts. Infringement and cancellation actions in relation to European Patents are handled by the Unified Patent Court, unless the patent holder has opted out of its jurisdiction.
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WORLD |
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LITIGATION AND LEGAL SERVICES
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Dr. Emil Benatov & Partners maintains working relationships with leading IP firms throughout the world. We can help our clients enforce their rights in all relevant territories and protect their business internationally.
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