IP Enforcement and Domain Disputes in Liechtenstein

No. The Lawyers Act reserves professional party representation in court and out of court to lawyers (Art. 8(1)(b)), without prejudice to the powers of legal agents, trustees and patent attorneys (Art. 8(3)); unauthorised commercial exercise is punishable (Art. 103). VCS prepares and coordinates; the licensed Liechtenstein lawyer, named in your engagement letter, acts.

No. Court and out-of-court representation is the lawyer's act under the Lawyers Act, Art. 8(1)(b). A licensed patent attorney may also advise and represent in intellectual property matters (Patent Attorneys Act, Art. 8(1)). VCS prepares the evidence file and the documents that the lawyer or patent attorney then uses.

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 or admitted there temporarily (MSchG Art. 39(1)). A party in the EEA or Switzerland needs only a local address for service (Art. 39(2)).

For the performance action, yes: it can be brought only after the mark is entered in the register (MSchG Art. 53(2a)). The trademark right gives the holder the exclusive right to use the mark for the goods and services claimed. If your mark is not yet registered, start with the trademark registration service.

You must show credibly that your right is infringed, or that you must fear an infringement, and that a disadvantage not easily repaired threatens you (MSchG Art. 57(1)). No time for a decision is published, so none is promised. The licensed lawyer prepares the application from the evidence file.

In the performance action the holder can ask for prohibition, removal and disclosure (MSchG Art. 53(1)). As interim measures the Landgericht can order evidence preservation, tracing of the origin of infringing goods, preservation of the status quo and provisional enforcement of prohibition and removal claims (Art. 57(2)).

Yes, as separate civil claims: damages, satisfaction and account of profits remain open under MSchG Art. 53(2). An exclusive licensee may sue independently, whether or not the licence is registered, unless the licence agreement excludes it (Art. 53(4)). The lawyer decides which claims to bring together.

Yes. On the injured party's request the Landgericht punishes intentional trademark infringement with up to one year or 360 daily rates (MSchG Art. 59(1)). Commercial infringement carries up to three years and is prosecuted by the public prosecutor (Art. 59(3)). Copyright prosecution also belongs to the Landgericht (URG Art. 69).

Customs may notify the right holder of suspect goods and hold them for three working days so an application can be filed (MSchG Art. 68(2)). For a trademark the application goes to the Office of Economic Affairs; the decision follows within 40 days of the complete file, and approval lasts two years, renewable. Destruction may also be requested.

On an approved application, at most ten working days after you are notified, plus up to ten in justified cases (MSchG Art. 70(3), (4)). The hold lets you obtain an interim injunction. A destruction request in the ordinary procedure does not lengthen them (Art. 69(4)); small consignments follow Art. 70i. Copyright has the same ten plus ten (URG Art. 72).

WIPO runs it as a variation of the UDRP under joint .ch and .li rules. A conciliator first holds a telephone conference of up to one hour; if conciliation fails, or the respondent does not take part, and the claimant asked for it, an expert decides. NIC Liechtenstein administers the .li domain.

The claimant must prove a clear infringement of a right in a distinctive sign that it owns under the laws of Liechtenstein. The WIPO page does not say that a foreign mark alone qualifies, so we draw no conclusion. The licensed lawyer checks your rights before the request is filed.

Liechtenstein and Switzerland form one protection territory for invention patents (patent treaty, Art. 1), so a patent is granted for both states together. Filing and patent matters are handled on our patent filing page by a licensed patent attorney. This page covers trademarks, copyright and .li domains.

The registration certificate of the mark, or the work and its authorship for copyright; evidence such as screenshots, test purchases and correspondence; a goods description for customs; for a .li domain, proof of a right under Liechtenstein law; and a signed power of attorney with the engagement letter.

Our fee is on request. The customs authority may charge an administrative fee (MSchG Art. 69(7)), and held goods are stored against a fee (MSchV Art. 46(1)). WIPO publishes a fee schedule for .li disputes. We print no amount here; the licensed lawyer confirms the official fees for your case.