/Expertise/Intellectual Property Cases
Intellectual Property Cases
Intellectual properties like patents, trademarks, copyrights, etc., are not necessarily the main targets in mergers and acquisitions cases, commercial disputes and competition at first, but they could be extremely important strategic factors. In addition to regulations, attorneys need to know business strategy and practices very well.
Many people think that regulations related to intellectual property (IP) only be used in industries such as performing arts and publishing, but it is totally wrong.
Though patents, trademarks, copyrights, etc., are not considered to be the main targets in mergers and acquisitions cases, commercial disputes and competition at first, they could be essential factors in strategies.
An American company had entrusted Enlighten Law Group to file a lawsuit against a Taiwanese company. The core of this case was disputes over payments and the quality of merchandise originally, but it turned out that the Taiwanese company handed the American company’s design layout to other manufacturers for productions and sales. Therefore, patents and copyrights were involved in the litigation.
In another case, our client is a renowned Danish acoustic brand. The distributor in Taiwan still sold their products after the termination of the distribution agreement. It’s a trademark infringement. Enlighten Law Group appealed to the court to seize the goods rapidly and stopped the infringement actions.
Our firm also represented the multinational consumer goods company, Reckitt Benckiser, to survey counterfeits, issue a lawyer's letter to the e-commerce platform in demand for discontinuing the sale, and then file a lawsuit.
When filing an infringement lawsuit, injunctions like seizure or prohibitions of sale and export are often used to make the defendant bear the pressure of criminal liability. It’s a vital method in corporate competition to cause a significant impact on defendants commercially and psychologically and preserve the rights and interests of our clients.
There are more and more regulations related to intellectual property around the globe, for instance, the Trade Secrets Act was enacted in Taiwan in 2013. It prohibits companies from stealing trade secrets from competing companies. Violators would be imposed on heavy criminal liability. Enlighten Law Group had extensive experience in this field since we represented both prosecutors and defendants in different cases before.
The Economic Espionage Act in the U.S. is similar to the Trade Secret Acts, but it’s much more rigorous. Even if no actual criminal act of stealing business information has been committed, there might be preventive punishment merely for the “intention.” Taiwanese manufacturers should pay close attention to the development of such laws while competing with American companies.
Intellectual property is often an important asset in most M&A cases. Attorneys should confirm the existence of trademarks, patents, and copyrights then transfer them smoothly. Attorneys who perform M&A need to have relevant knowledge on intellectual property as well.
The Copyright Act is quite dynamic, it contains two contrary objects: protection of economic rights and norms of fair use. Instead of merely interpreting the text, attorneys should fully understand the Copyright Act, hence they can make legal judgments accurately.
Moreover, disputes over intellectual property are often not just for an argument, but a part of a business strategy. Lawyers can’t rigidly set victory as the only goal of a lawsuit, but use it flexibly to force the other party to compromise, negotiate, and achieve cooperation. To plan the overall legal and business strategies for clients with foresight, lawyers need to be familiar with business practices.
Due to the circumstances that courts are slow at processing intellectual property-related cases and that the amount of claims is often unreasonable, more and more enterprises choose arbitration as the method of resolution in disputes involving intellectual property. And it’s exactly what Enlighten Law Group has profound experience in.