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If my intellectual property rights have been infringed, how should I deal with it? Intellectual property attorney, please let me know.
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My creative work has been infringed, and I feel very frustrated and angry about how I should deal with it. I would like to file a claim for damages or a criminal complaint later, but first I want to file for a provisional injunction so that the work infringing my intellectual property rights cannot circulate and be used any further, yet I feel lost about how to do it. Intellectual property attorney, can you help me?
Intellectual property attorney
Intellectual property litigation
Answer to Related Inquiry
Author: 김국일
Hello. It must be very frustrating to have the intellectual property rights in your valuable creative work infringed.
As in your case, when intellectual property rights such as patent rights, utility model rights, design rights, trademark rights, and copyright are infringed, you can apply for a provisional injunction through a provisional injunction to prohibit the infringement of intellectual property rights.
If you apply for a provisional injunction, the proceedings take place at the court having jurisdiction over the suit on the merits or at the district court having jurisdiction over the place where the object of the dispute is located.
To apply for a provisional injunction against the infringement of intellectual property rights, you may describe in detail in the application the parties, the value of the object, the purport of the application, and the grounds for the application, and submit it to the court with jurisdiction.
Once the application is properly received, a case number is assigned, after which you can learn whether the provisional injunction has been granted.
However, in this process, if you do not carefully establish the legal grounds for the purport and reasons of the application, the application may not be granted, so the help of an intellectual property attorney is important.
In particular, it is advisable to obtain the assistance of an intellectual property attorney in order to clearly identify photographs and descriptions of the infringed object and to establish the grounds for them.
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