Region: Germany

Procedures and strategies for anti-counterfeiting: Germany

Featured in Anti-counterfeiting: A Global Guide 2017

Germany is part of the EU trademark and design systems. Thus, the EU Trademark Regulation (207/2009), as amended by EU Regulation 2015/2424, and the EU Community Designs Regulation (6/2002) apply directly to protect EU trademarks and registered and unregistered Community designs in Germany.

18 May 2017

The costs of counterfeiting: an exemplary study of the pharmaceutical industry

In order to take concrete steps to overcome the issues that counterfeiting presents, it is first necessary to understand the full scope of the phenomenon.

18 May 2017

Germany: Unfair competition remains tough to call for design cases

Recent case law reveals uncertainty around the scope of protection for the overall appearance of a product or its parts. When it comes to unfair competition principles, decisions can be unpredictable

01 May 2017

New rules on recovery of criminal proceeds affect enforcement of IP rights in Germany

The German Parliament recently passed new rules on measures for the recovery of criminal proceeds. The rules mean that the enforcement of financial claims against criminal offenders will be widely handled by public prosecution. While the new rules may facilitate access to compensation for private parties affected by crimes, IP rights holders fighting counterfeiters may often find civil enforcement more suitable.

27 April 2017

Trademark procedures and strategies: Germany

Featured in World Trademark Review Yearbook 2019/2020

The following are enforceable in Germany: German trademarks, EU trademarks, German trademarks based on international registrations, names and non-registered trade designations. German trademarks are governed by the Trademark Act, which implements the EU Trademark Directive (89/104/EEC) and the Regulation on Trademark-Related Administrative Proceedings.

29 March 2017

Managing major projects in a trademark portfolio: creation, assignments and renewals

Featured in World Trademark Review Yearbook 2017/2018

As responsibility for a company’s trademark portfolio is frequently placed in the hands of a small number of specialists who work to their limits on day-to-day issues, major projects such as creation, assignment and renewal often generate additional work that exceeds in-house capabilities.

29 March 2017

Germany: Fight for your (domain name) rights

As more and more companies use the Internet to sell goods and services, it is crucial to register the right domain name and then to protect it effectively

01 March 2017

Brand creation and protection: a multifaceted approach

Practitioners from China, Germany and the United States discuss how to manage the brand lifecycle, exploring how counsel can ensure robust, innovative and effective creation and protection strategies

01 March 2017

Federal Supreme Court: cease-and-desist orders include obligation to recall infringing products

In a landmark decision, the Federal Supreme Court has decided that a cease-and-desist order regarding the distribution and promotion of infringing products includes, in principle, the obligation to recall products that are already on the market. It is expected that this judgment will have enormous influence on the practice, in particular with regard to IP infringement cases.

06 February 2017

Germany: Counterfeiting, 3D printing and the third Industrial Revolution

While three-dimensional printing is being hailed as a game changer, rights holders must consider how to adapt their IP strategies to meet the challenges of this new technology

01 January 2017

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