Defense of own or destruction of third-party property rights
Once an IP right has been registered or granted by the respective office, the acquisition of the IP right is basically complete – unless a third party takes action against it!
Depending on the IP right, there are options here to file an opposition against the patent directly after it has been granted or to initiate nullity proceedings against the patent at a later date or to apply for the registration of the utility model, trademark or design to be canceled.
Effort and reasoning
In all cases, arguments and documents are required for both the IP right holder and the third party to prove or disprove the inability to protect the granted or registered IP right and to convince the competent body, i.e. the office or court, of this view. This can involve considerable effort. In addition to the complete destruction of the property right, it is also possible to merely restrict the scope of protection.
