Practical sheet | REF: FIC1639 V1

Counterfeiting: taking action

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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5. Define the counterfeiting argument

While the lawyer alone is competent to draw up the writ of summons in the name and on behalf of his client, in patent infringement matters, the lawyer plays an essential role in enabling :

  • understanding and presentation of the invention and its technical field;

  • gathering the evidence necessary for the success of the action.

Drafting the summons is a crucial step.

The writ of summons is a tool used by judges to learn about and understand the dispute they are being asked to rule on. It contains a statement of the dispute, the legal and factual arguments, the means of proof and the claims made.

Quite apart from the requirements for any writ of summons, patent infringement proceedings have a number of specific features linked...

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Define the counterfeiting argument