Precautionary Measures
Precautionary Measures in Intellectual Property: Fast and Effective Protection for Your Rights
In the field of intellectual property, agility is essential to protect trademarks, patents, copyrights and other intangible assets. Delays in taking action can often result in irreparable damage. In these cases, precautionary measures are essential legal instruments, allowing rights to be protected immediately while the main dispute is being analyzed.
What are precautionary measures?
Precautionary measures are judicial measures taken on an urgent basis, with the aim of preventing damage, securing evidence or guaranteeing compliance with a future decision in actions related to intellectual property.
These measures are especially useful in situations such as:
• Improper use of a trademark, industrial design or patent that may cause confusion in the market.
• Distribution or marketing of products that violate copyright.
• Unfair competition that harms a company’s reputation or business.
• Need to seize materials that violate intellectual property rights.
Types of precautionary measures in intellectual property
Among the main precautionary measures used in the area, the following stand out:
• Petition for urgent relief (injunctions): Court order to immediately cease the improper use of trademarks, industrial designs, patents or copyrights.
• Search and seizure: Location and seizure of products or materials that violate intellectual rights.
• Early production of evidence: Guarantee that evidence relevant to the process is preserved, preventing its destruction or concealment.
• Suspension of registration: Request to suspend the effect of a trademark or patent registration granted irregularly.
When to request precautionary measures?
Precautionary measures are recommended when there is:
• Risk of irreparable or difficult to repair damage, such as financial losses, damage to reputation or damage to the exclusivity of a right.
• Clear evidence of rights violations, which justify urgent intervention by the Judiciary.
Granting precautionary measures requires solid legal arguments, based on concrete evidence and compliance with the legal requirements of urgency and relevance. Our company has experience in conducting actions of this nature, offering:
• Strategic assessment of the case to identify the most appropriate measure.
• Preparation of well-founded and personalized precautionary requests.
• Agile and efficient representation in legal and administrative disputes. Protecting your intellectual property rights is an essential step to ensuring the security and success of your operations. Count on our team to act quickly and prevent further damage to your assets.
