Preliminary Determination and Injunctions

Time is critical in intellectual property infringements: counterfeit goods can spread across the market quickly, an infringing website can disappear overnight, evidence can be destroyed. When infringement is suspected, we assess the urgency, obtain evidence preservation orders, preliminary injunctions and search and seizure orders from the courts, and personally carry out their enforcement.

What is evidence preservation?

Evidence preservation (delil tespiti) means securing, through the court and before an action is filed, evidence to be used in a future lawsuit against the risk of it being lost or altered. In intellectual property disputes, having the infringing product, website or sales records examined and recorded with an expert witness forms the core evidence of the case.

What is a preliminary injunction?

A preliminary injunction is an interim measure requested from the court to protect the right until the case is decided. The Industrial Property Law and the Law on Intellectual and Artistic Works provide for measures stopping the production, sale and import of infringing products and seizing them. An injunction is usually granted against security and, if obtained before the action is filed, the main action must as a rule be filed within two weeks.

Because trade mark and copyright infringements can also be criminal offences, search and seizure orders can also be obtained through the public prosecutor in a criminal investigation. For counterfeit goods intercepted at customs, an application can be made to the customs authorities.

Scope

• Assessing the likelihood that your intellectual and industrial property rights are being infringed, and determining the urgency
• Conducting the evidence preservation procedures specific to intellectual property law before the courts
• Where immediate action is needed, applying for the interim protection and injunctive remedies provided by intellectual property law
• Personally enforcing preliminary injunctions and other interim protection measures
• Obtaining and enforcing search and seizure orders against counterfeit or smuggled goods

How We Work

1. Assessing the alleged infringement, the documents proving ownership and the available evidence
2. Choosing the fastest and most effective route: evidence preservation, preliminary injunction or criminal proceedings
3. Preparing the application to the court or the prosecutor and planning the security
4. Enforcing the order: recording and seizure accompanied by an expert, an enforcement officer or the police
5. Tracking deadlines after the injunction and filing the main action