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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12980
Experience:  Senior Associate Solicitor
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My infringement has been overturned by the euipo who deal in

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hi my infringement has been overturned by the euipo who deal in these matters now i have to be compensated for the loses intailed can you help
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: i live in the uk and have not contacted a lawyer yet
JA: What steps have you taken so far?
Customer: i have tried to contact there legal representative in Germany phoned and sent emails
JA: Anything else you want the Lawyer to know before I connect you?
Customer: As i said we contested the infringement and won the case we have documets to prove it
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. Presumably you now want to consider suing the company in Germany?

You should send the legal representation a letter before action (see attached as an example) to demand payment within 14 days. Tell them if they refuse, you will issue court proceedings.

You can sue them and ask the UK court for permission to serve the claim abroad. You need the defendant's address in Germany for the purposes of the claim form.

You need forms N1 and N510, available here :

N1 : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958344/n1-eng.pdf

N510: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688695/n510-eng.pdf

The N510 - the first tick box at section 2 is required to be ticked. You then send 3 copies to County County Money Claims Centre, PO Box 527, Salford, M5 0BY for the court to issue.

You must include the issue fee - the fee depends on the sum claimed. The fee is listed on page 5 (under court issued claim) : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf

If you pay the fee it needs to be made payable to HMCTS, or your an pay by phone if you ring the court on 0300(###) ###-####/p>

The court will return them to you, you then serve them on the shop by posting them with N215 (available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952023/n215-eng.pdf).

The papers are served on the defendant who then has 14 days to acknowledge the claim - they do this by filling out an acknowledgment of service and they post it to the court. They indicate their intention when they do this, i.e. whether they admit the claim in full or partly, or if they deny the claim.

If they want to defend the claim then their defence is due by 28 days from the date the court served them with the papers. If there is no settlement then the claim will be dealt with at a final hearing which takes anything from 9 to 12 months from when you start the claim - longer if the claim is higher value. You can pursue the claim yourself or use a law firm. For the hearing you can use an advocate if you wish, though it's not compulsory.

Note, if they fail to respond to the court proceedings then you can ask the court for judgment in default - meaning you win in a matter of weeks and you then have a CCJ against the defendant.

I have details of law firms and advocacy agencies if you would like those. Though in a small claim you won't be able to recover their charges from your opponent. A small claims hearing is easy to do, it's quite informal and no lawyer is required.

Once you win then the judgment can be registered at their local civil court for enforcement assuming they still refuse to pay you.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

If you would prefer an international debit recovery firm of solicitors to pursue them, try this one: http://www.lovetts.co.uk

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12980
Experience: Senior Associate Solicitor
JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Hi thanks for your response .I would like to make things a little clearer I am an importer from China who mostly sells on Amazon. Another manufacturer and seller in China instructed there legal representative who resides in Germany to remove my goods from Amazon because of a design infringement. They registered the design with the E.U.I.P.O who is the authority in these matters. I objected to there actions which caused my business to lose 3 months revenue as well as the fees incurred .I was successful with the E.U.I.P.O and have all the documentation to prove it now it is a matter of recouping loses what were inflicted on me by there actions. I hope this has helped and any advice on how to pursue this would be gratefully received. Regards