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IV. Defending our IP assets
ENFORCE
Defining the appropriate enforcement strategy is a key factor to success in an infringement case. Ne- ver initiate or take action by yourself or contact the infringer. Inform your distributors that they are not allowed to take action but we count on them to re- port infringements.
Group Legal & IP needs to take the lead. Any uncoordinated action may jeopardize the success in a court action.
TAKE ACTION
Group Legal & IP will assess if legal action should be taken. In some instances a cease & desist/ war- ning letter to the infringer is sufficient to stop the infringement. If not, Group Legal & IP will immedia- tely initiate the appropriate legal action to defend our IP rights with vigor. Civil and criminal actions can be sought.
In many countries we have customs registrations in place that allow counterfeits to be identified and immediately seized at the borders.
For internal use only 54
Your IP Toolkit
• Checklist Infringement Report
Key Take-Aways
• Don’t take any action against infringers on your own or contact them
• Inform your distributors that they are not allowed to take action but should immediately report any infringement
• Assist Group Legal & IP in the legal action upon request