When another party is infringing on your intellectual property it is important to stop the infringing action as quickly as possible. Every day that passes without action results in more infringing sales and possible damage to your IP or brand.
Sending a warning letter from a lawyer’s office sometimes can bring an end to the infringing behavior quickly and painlessly. Sending warning letters to infringing parties as a first measure is common practice in Japanese intellectual property disputes.
If the infringer is not willing to stop the disputed practice voluntarily then the court’s involvement might be necessary. Asking the court for a preliminary injunction can force the defendant to stop the infringing behavior while the lawsuit is being argued. This saves the loss of sales during the course of the litigation and can push the defendant to settle.
However, some patent rights holders bypass the preliminary injunction in favor of starting the trial immediately. Trials for intellectual property disputes in Japan can be almost as fast as the proceeding to obtain a preliminary injunction and some parties would rather have a final court decision on the matter as quickly as possible.
If you have any questions about enforcing IP rights in Japan, please contact our office for a legal consultation.