International intellectual property disputes are conflicts regarding patents, trademarks, designs, or copyrights in more than one legal system. At Musch Legal, we coordinate IP disputes in the EU, US, UK, and Asia. Since the launch of the Unified Patent Court (UPC) on June 1, 2023, patent enforcement in 17 EU countries is possible through a single court. For trademarks, EUIPO offers a single procedure for 27 member states.
What is the legal problem? (What IP disputes arise?)
IP disputes range from patent infringement, trademark infringement, design infringement, and copyright infringement to domain name disputes. Internationally: separate proceedings per country or consolidation via UPC, EUIPO, or WIPO. Differences in evidence, fees, and injunction possibilities are significant. For a Dutch company with international IP: strategy requires a choice between forum shopping, parallel proceedings, or centralisation.
What does the law say? (Which frameworks apply to IP enforcement?)
For European patents: Unified Patent Court Agreement with unitary patent (Regulation 1257/2012). For trademarks: Regulation 2017/1001 EU trademark via EUIPO. For designs: Regulation 6/2002 Community design. For worldwide trademarks: Madrid Protocol via WIPO. For worldwide patents: Patent Cooperation Treaty (PCT) 157+ countries. For enforcement: Enforcement Directive 2004/48/EC; Dutch Article 1019 et seq. of the Code of Civil Procedure. For those without UPC jurisdiction: national proceedings per country.
For injunctions: Article 254 of the Code of Civil Procedure (summary proceedings); EU Brussels I-bis (Regulation 1215/2012) Article 35 provisional measures.
Route
Geographical scope
Processing time
UPC Local Division
17 EU countries simultaneously
12-15 months
EUIPO opposition
27 EU Member States
18-30 months
National procedure NL
Only the Netherlands
12-24 months
US ITC Section 337
Only import to US
12-18 months
WIPO Arbitration UDRP
Worldwide (domains)
2-3 months
Route
Geographic scope
Processing time
UPC Local Division
17 EU countries simultaneously
12-15 months
EUIPO opposition
27 EU Member States
18-30 months
National procedure NL
Only the Netherlands
12-24 months
US ITC Section 337
Import to US only
12-18 months
WIPO Arbitration UDRP
Worldwide (domains)
2-3 months
What risks do companies face? (What threatens in an IP dispute?)
Cross-border injunctions can block overproduction in multiple markets simultaneously. UPC injunctions apply to 17 EU countries at once — risk or opportunity depending on position. Damage claims can run into tens of millions. Patent validity can be challenged in a counterclaim. For trademark infringement, reputational damage in addition to financial costs. For litigation in the US: discovery costs exorbitant (average 1-5 million dollars).
Practical example from our practice (How did we build a UPC strategy?)
Musch Legal coordinated UPC proceedings for a Dutch medtech company against a German competitor regarding a patent on a surgical instrument. We chose UPC Local Division The Hague (Dutch Sneek, English procedural language) for an injunction effective in 17 EU countries. Parallel UDRP proceedings against bad-faith domain registrations. UPC injunction within 9 months; settlement with a license agreement (3 percent royalty on EU turnover) within 12 months. One central procedure saved an estimated 700,000 euros versus parallel national proceedings.
What can you do? (Which IP enforcement strategy are you building?)
Build IP portfolio strategically: combine unitary patents (UPC), EU trademarks (EUIPO), and global Madrid/PCT registrations. Plan enforcement strategy per country. Consider UPC for cross-border injunctions in the EU. For the US: monitor customs via CBP recordation. For Asia: local registration is crucial (first-to-file). Document infringement evidence carefully (chain of custody). Engage Musch Legal for IP dispute strategy.
Protection of intellectual property abroad