PEER MEDIATION IN DIVERSE DESIGN AREAS; INDUSTRIAL, INTERIOR, SERVICE, PACKAGING, GRAPHICS AND BRAND IDENTITY DESIGN

Copyright and Patent Infringement

If your design or artwork is copied you can be entitled for a compensation depending on the scope of your intellectual property infringement. For artwork there are no patents required, your artworks are automatically protected. For industrial designs or utility products or processes, you might require patents. Before starting legals, we advise you to use our Mediation Service. Before requesting Mediation Service, please prepare proofs, take screenshots, photographs and present us your documents so that we could have a case. In our Mediation Service, we will usually ask the counterparty to pay a modest compensation or contribution fee that is reasonable and acceptable. The Mediation Service is not provided by advocates, and thus costs significantly less, it will be provided by our inhouse consultants who have experience regarding the matter.

 

 

Copyright and Patent Infringement Mediation Service

In this service, we have a look at the situation, and contact the copyright infriging party to request cease and desist of using your design. We also suggest a mediation price to you, we ask this price from the company that is infringing your rights. This service costs 500 Euro + VAT, covers 5 hours of our work and additional hours are charged 100 Euro + VAT. You can request this service rightaway, and we will have a quick look on the subject matter and give you an honest answer, we might say that there are no need to spend more money (or we might suggest to get further consultancy), and if we suggest to take no further action this could actually save you from tens of thousands of legal consultancy fees way advance. We of course do not accept any responsibility for this service to be honest, but it could potentially save you a lot of money that you would spend on advocates who might create false hopes. This service is quite sincere and straightforward. Simple Demand Letter Service fee is included, and we will send a letter on your behalf within the score of this service.

 

Preliminary Advice Service

Even on the basis of any proof such as photographs and research of the counterparty, and even if we assess that there are several similarities between the two works - your original design and the copy, to determine whether there could be a legally confirmable breach of intellectual property according to local law of the country where the copy took place, a local agent should study the two works more extensively and on the basis of more photographs/comparisons and collect more proof. In this Preliminary Advice Service, we will assess in full whether we believe if there can be a breach of intellectual property. In view of the estimation of costs for the advice, you may evaluate the possibility to send a warning letter to the counterpart, asking for the cease of use of you intellectual work and for a compensation of the damages deriving from the non authorized use of your work. You also may ask for a royalty for the future use of the work. The fee for the Preliminary Advice Service is 5000 Euro + VAT.

 

Advanced Demand Letter Service

We estimate the fees for an advanced demand letter around 2000 Euro + VAT. This service would consist of drafting a legally correct letter, discussing it with you, adjusting it (once) after your suggestions and sending it to the counterparty. Studying a response of the counterparty falls without the scope of the price quote. So, with this service, you are following the Preliminary Advice and sending a letter only if you are adviced in the preminibary advice service, and you would wait for a response.

 

Preliminary Proceedings Service

Our fees for preliminary proceedings, which at this stage seem appropriate and most efficient, will amount to 15.000 Euro + VAT. This price quote is based on a ‘simple procedure’ i.e., a procedure in which we draft a writ of summons and represent you during the court hearing. If the counterparty will initiate a counter claim, a written statement of defense and be present at the oral hearing, the legal costs may well exceed our estimated price quote. Please note that our fees do not include any court fee that will be levied by the court. The same applies for ‘normal’ proceedings on the merits, which are more extensive and could contain more written statements and oral hearings. We estimate our services to be around 20.000 Euro. Preliminary proceedings can be initiated quickly, with judgement being rendered within normally 2 weeks. Thus, an entire procedure can be dealt with within 1 – 1.5. months. Proceedings on the merits are generally not of the same time frame. Such proceedings normally last 6 – 8 months before a judgement is rendered. In this service, you have a lawyer assigned to you.

 

Hourly Rates for Proceedings

The local agent's compensation for legal services rendered (“Fees”) will not be based on a fixed or lump sum amount, but rather on an amount based primarily upon time devoted to your matters, including, but not limited to, consultations, conferences, correspondence, meetings, telephone calls, negotiations, factual investigations, document reviews and analyses, legal research and analyses, document preparation and revision, filings, and all other work related to your matters. We therefore charge a fee - depending on the person who will be handling your case - varying from 250 Euro to 750 Euro per hour (to which VAT will be added). It is the policy of our local agent to charge a retainer fee. In case of an ordinary action, we will ask for the damages deriving from the non authorized use of your work. The value of the damages will take into account the "possible royalty" that the counterpart should have paid to you for the license of the work, as well as the damages to your image. After the warning letter and before the starting of a possible legal proceeding, I suggest that we ask to our local agent an advice regarding the matter. In case you win the legal proceeding, the counterpart will be condemned to reimburse part of the legal expenses. If you loose the legal proceeding, than you might also have to pay for the cost of lawyers and legal issues of the counter party.

 

Summary
So, it could take about 50.000 Euro cash to have a legal procedure, and a portion of it could be reimbursed after a court process or you might need to pay 100.000 Euro since if you loose you will be asked to reimburse the legal fees of the counterparty. This whole amount and procedure can be too much for many designers, so it could be possible that you request our Design Mediation service first and hear out our suggestion for 500 Euro + VAT and later decide about what to do. Our suggestion is usually to ask for an honest mediation and get something good out of this situation instead of getting yourself involved in a very costy legal procedure, however if you would decide to push heavy legal, we are working with very large law firms in almost all countries so rest assured that the legal team would do their best to help you as much as they could.