Litigating patents and trademarks in Europe
How much, how long, for what, with who ? A few hints.
How much ?
The cost of the litigation, if you prefer it to a transaction, depending on whether you are regardant or not with the principles.
(US litigation : million dollar scale)
EU country litigation : 10 000 to 100 000 euros scale
How long ? :
1 to 5 years scale
For what ? Where ?
Injunctions, declarations of non-infringement, indemnification…
What indemnification is at stake before a jurisdiction in Europe ?
*Trademarks and designs : Entire european infringement prejudice (Communautary titles, court of the defendant’s country, as a rule) or national infringement prejudice (national titles) : 10 000 / 100 000 euros scale
*Patent : National infringement prejudice : 100 000 / 200 000 euros scale – cross border injunctions or european prejudices may be envisaged in some limited cases.
With who ? A big firm / a little firm ?
The big firm will manage patent multicountries actions more efficiently, using its network. The little firm does not invoice network costs and intervenes in its country, for the claims of infringement in this country or, in the case of a debate about a the whole european trademark or design infringement prejudice, in this same country when it is the country of residence of the defendant.