1. How to submit a protection letter to prevent a temporary injunction from being executed when participating in an exhibition?
The protection letter is the most effective protective measure against the court’s pre-trial temporary injunction. It is usually written and delivered by the lawyer entrusted by the respondent, or it can be written and signed by the alleged infringer, translated by a professional lawyer and submitted to the court. The protection letter is the only opportunity for the alleged infringer to state his legal claims in the pre-trial temporary injunction procedure, and it also buys time for the parties to fight back against unfair complaints. In cases where a protection letter is submitted, the court usually does not directly issue a pre-trial injunction without a trial. As a result, the alleged infringer will not suddenly receive an effective pre-trial injunction without knowing it, thereby reducing the risks they face.
2. What measures should companies take to prevent intellectual property disputes at exhibitions before participating in exhibitions?
First, before participating in the exhibition in Germany, companies should set up a domestic crisis management team, train exhibitors on relevant knowledge, and let exhibitors master the basic situation and response strategies. Secondly, if there is a risk of intellectual property disputes, relevant plans should be made. Intellectual property disputes at exhibitions are a special type of dispute, and on-site and later responses are only remedial measures. In order to avoid disputes at the exhibition site, various preventive measures should be taken in advance. If you already know the situation of your German competitors, you should search their products in advance to minimize disputes caused by negligence. For example, conduct a comparative search of exhibition materials, including exhibits, packaging, promotional prints, promotional videos, and the company’s Chinese and English websites, to confirm that there is no risk of infringement in terms of trademarks, patents, etc. Finally, designate a dedicated person to be responsible for intellectual property disputes at the exhibition site and contact lawyers from German law firms in advance. For large companies, reserving special funds to deal with intellectual property disputes at the exhibition is also a way to reserve room for subsequent legal procedures.
3. How to deal with intellectual property disputes at the exhibition site?
Exhibitors can post a “No Photography” sign next to the exhibits on the booth. This is to prevent the exhibits from being photographed and used as evidence in court. According to German law, exhibits that have been shown to be prohibited from being photographed will not be used by the court after being photographed.
When the customs arrives at the site to seal up the booth, the person being sealed up often needs to pay a fine of 500 to 5,000 euros and will be asked to leave. In this case, the person whose property is seized should not try to argue with the customs officers, nor should he sign the documents handed to him rashly. Instead, he should let a lawyer intervene as soon as possible and let a professional lawyer solve such problems.