Intellectual Property Litigation – Rights & IP Infringement

Our global Intellectual Property litigation team is fully familiar with the procedural and tactical possibilities offered by the various jurisdictions from the French/Belgian Saisie-Contrefaçon, through the Italian torpedo and the developing English declaratory action to the Chinese administrative protection procedures. We are adept at implementing national and international litigation and anti-counterfeiting strategies to achieve the right outcome for our clients. Most importantly, we are also very much alive to the possibilities for using settlement, dispute resolution and mediation whenever these can provide a better solution.

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In a recent case the General Court of the European Union clarified the principles to be applied when a Community registered design is challenged on the basis of an earlier trade mark under the Community Design Regulation. This was only the second decision ever from the General Court about Community registered designs and the first to consider the conflict between trade marks and designs.
EU General Court confirms AstraZeneca abused its dominant position by preventing entry of generic competitors and restricting parallel imports.

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We acted for Research in Motion in relation to a Settlement and License Agreement which ends all outstanding worldwide litigation between Research in Motion and Motorola.
Allen & Overy acted for Beifa Group on a successful appeal before the European General Court. The decision, handed down on 12 May 2010, establishes that trade mark principles apply in resolving conflicts between earlier trade marks and registered designs.
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