Enforcement of intellectual property rights

Enforcement of intellectual property rights

By enforcement we mean taking measures in case of possible infringement of rights. Enforcement is the set of measures, procedures and remedies that enable effective legal exercising of intellectual property rights. The latter both at the national level in Estonia and more widely, according to the circumstances of the particular case.


What are the possibilities for enforcement?

Depending on the specific intellectual property right, i.e., trademark, industrial design, invention, etc., the means of enforcement will vary. For example, it is possible to file a request for customs intervention to prevent cross-border trade, or to file oppositions with various offices to contest third party applications or registrations. Where there may be an infringement of rights, it is possible to bring the matter before the courts or the public prosecutor’s office in order to establish the infringement and to take appropriate action (e.g., to request confiscation and destruction of infringing goods).

Can the professionals of TURVAJA Patent Agency act as representatives in possible disputes and in court?

Yes. We have extensive experience in resolving disputes before the Industrial Property Board of Appeal, various intellectual property registration offices and courts. The professionals from our agency have successfully represented clients in a number of landmark cases on levels up to the Supreme Court.

In our practice, we always try to find the most reasonable and suitable solution for our clients. We leave possible court proceedings to be the last resort.