IP Lawyer Liechtenstein: IP Enforcement and Disputes

No. ABB is a business development agency. Professional representation in court and out of court is reserved to lawyers (RAG Art. 8(1)(b)), and unauthorised commercial exercise is punishable (RAG Art. 103). ABB prepares the evidence file and coordinates. The licensed Liechtenstein lawyer, named in your engagement letter, acts.

No. ABB does not appear in court and does not give legal advice. The licensed lawyer files and pleads for you, and a licensed patent attorney may also advise and represent in IP matters (PAG Art. 8(1)). ABB prepares your documents and coordinates the lawyer, the court, customs and the WIPO Center.

Professional representation is reserved to lawyers. In trademark proceedings a party with no domicile, seat or establishment in Liechtenstein, another EEA state or Switzerland needs a lawyer or patent attorney established in Liechtenstein (MSchG Art. 39(1)). A party in the EEA or Switzerland needs only an agent for service (Art. 39(2)).

The performance action, which asks the court to prohibit, remove and disclose, can be brought only after the mark is registered (MSchG Art. 53(2a)). An unregistered mark therefore cannot found it. If your mark is not yet on the register, registration comes first, and the licensed partner assesses any other route.

You must make credible that your right in the mark is infringed or that infringement is feared, and that a disadvantage that is not easily repaired threatens (MSchG Art. 57(1)). The Landgericht decides. No duration is published here and no outcome is promised. The licensed lawyer files the application with your evidence.

The performance action can ask the court to prohibit, remove and disclose (MSchG Art. 53(1)). An interim injunction can include evidence preservation, tracing the origin of the goods, preserving the status quo and provisional enforcement of prohibition and removal claims (Art. 57(2)). Whether the court orders any of it is for the court to decide.

Damages, satisfaction and an account of profits remain separate civil claims alongside the other actions (MSchG Art. 53(2)). No amount and no success is promised on this page. The licensed lawyer advises which claims fit your facts and what evidence each one needs before any step is taken.

Intentional trademark infringement is punishable on the injured party's request by up to one year or 360 daily rates (MSchG Art. 59(1)). Commercial infringement is punishable by up to three years and is prosecuted by the public prosecutor (Art. 59(3)). Whether to combine routes is a decision for the licensed lawyer.

For trademarks the right holder applies to the Office of Economic Affairs, which forwards the application (MSchV Art. 45(1)). The competent body decides within 40 days of the complete file (Art. 45(2)). An approved application is valid for two years and can be renewed (Art. 45(3)). Copyright has its own application under URG Art. 71.

On notice the authority may hold goods three working days to let you apply (MSchG Art. 68(2)). On an approved application it holds them at most ten working days after you are notified (Art. 70(3)), plus up to ten more in justified cases (Art. 70(4)). The hold is there so you can obtain an injunction; a destruction request in the ordinary procedure does not extend it (Art. 69(4)).

WIPO runs the .li procedure as a variation of the UDRP. The claimant must prove that the allocation or use of the domain name is a clear infringement of a right in a distinctive sign it owns under Liechtenstein law. By requesting an expert decision the claimant submits to the courts of Zurich for any court action by the respondent.

The claimant must own the right in a distinctive sign under the laws of Liechtenstein. The sources read do not say that a foreign mark alone qualifies, so we draw no conclusion. The licensed partner checks your rights before any request is prepared, then ABB prepares it and a signed power of attorney is filed with it.

Liechtenstein and Switzerland form a single protection territory for invention patents (patent treaty, Art. 1). Patent infringement is not covered on this page; the patents page covers it. A licensed patent attorney may advise and represent in all IP matters (PAG Art. 8(1)).

The registration certificate of the mark, or the work and proof of authorship; screenshots, test purchases and correspondence; for customs, a description of the goods; for a .li domain, proof of a right in a distinctive sign under Liechtenstein law and a signed power of attorney. The engagement letter is signed with the licensed partner.

ABB's fee is price on request once the facts are known; this page prints no price. Official costs are not stated either: the customs authority may charge an administrative fee, storage of held goods is against a fee, and the WIPO .li page links a fee schedule. No amount was read, so the licensed partner confirms them.