Specialized legal advice – examples
Is it possible to protect the client´s product/process by means of IPR – are the requirements for protection fulfilled?
Which form of protection is the best? Should the client seek overlapping protection for a certain product/process?
How does the client make sure that everyone in the company uses trademarks and other symbols in a consistent manner?
Has the company made sure that the right to intellectual assets created by employees are transferred to the company?
Strömholm Advokatbyrå analyzes the client´s possibilities to obtain IPR protection and proposes strategies for protection and proper exploitation and use of the client´s intellectual property assets.
Evaluation of validity – Infringement analysis
Does the client have a valid IPR? Does the competitor´s product/technology fall within the scope of protection of the client´s IPR?
Does the competitor have a valid IPR? Does the client risk to commit infringement of such IPR when producing and marketing its product?
Strömholm Advokatbyrå analyzes the existence and strength of current IPR, ascertains whether or not an infringement has occurred and evaluates the advantages and disadvantages of different strategies.
Review and analysis of advertisement/marketing
Is it permissible to use exaggerations in marketing?
Is it permissible to refer to old test results?
Is it always permissible to compare prices in marketing?
It is sometimes difficult to know whether or not marketing is permissible according to current rules on unfair competition and marketing practices (the Marketing Practices Act, specific legislation on unfair competition/marketing etc.).
Strömholm Advokatbyrå provides review and analysis of advertisements/marketing and identifies violations, risks and alternatives.
Dispute resolution – Out-of-court – Litigation
If the client chooses to fight for the IPR the first step may be to address the assumed infringer and, by threats of court proceedings, request that production, sales and marketing cease. If this does not lead to the desirable result, the next step may be to initiate legal proceedings before a court of law. In some cases the scenario may be the reverse: the client is supposed to have infringed the competitor´s IPR.
Strömholm Advokatbyrå represents clients during all phases of a dispute – both in out-of-court discussions and in court proceedings – both when the client has the role of rightholder and the role of alleged infringer.
Acquisitions – IP Due Diligence – Contractual arrangements
Are the strategically important products/processes subject to IPR protection?
Does the company or the employee hold the right to the invention or the marketing concept?
Can the trademark be used without infringing third party´s prior rights?
Patents, trademarks, designs and other intellectual property rights are often those among a company´s assets which have the greatest strategic and financial value to the company. When acquiring or disposing of a whole company or a business it is of utmost importance to both seller and purchaser that the existence, validity, strength and scope of the intellectual property assets involved are reviewed, analyzed, evaluated and taken into account when agreements are drafted.
Strömholm Advokatbyrå provides review, analysis and evaluation of IPR in connection with acquisition or disposal of intellectual property assets and the drafting of transfer, license and other agreements.
License agreements – Distribution agreements – Co-operation agreements etc
Sometimes the best way to capitalize and exploit the IPR is to license them to others.
Sometimes co-operation with others seems to be the most suitable form of developing a new manufacturing method or of working up a market.
Sometimes the company needs permission from others to use a certain symbol or a certain technique.
Strömholm Advokatbyrå provides preparation/drafting of agreements on acquisition, transfer, licensing, distribution, co-operation and other commercialization of intellectual property rights.