Region: Germany

Litigation procedures and strategies: Germany

Featured in Trademark Litigation 2017: A Global Guide

Within the European Union, Germany is one of the most attractive jurisdictions because its courts have a reputation for expertise and efficiency, both time and cost-wise. In addition, although the remedies available are largely harmonised throughout the European Union, rights holders enforcing their trademark rights in Germany benefit from ex parte injunctive relief through preliminary injunction on an urgent basis, which judges in other EU member states are less ready to grant.

13 December 2016

Protecting and enforcing design rights: Germany

Featured in Designs 2017: A Global Guide

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’.

24 November 2016

Managing a pharmaceutical trademark portfolio with the assistance of outside counsel

Responsibility for a company’s trademark portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department, or even by those tasked with this responsibility. However, the legal protection of trademarks requires a high degree of specialisation in a field in which few lawyers and others are experienced.

06 September 2016

Procedures and strategies for pharmaceutical brands: Germany

One of the most important and widely discussed topics in the life sciences sector over the last few years has been healthcare compliance – in particular, for pharmaceutical companies in Germany. Cooperation between the pharmaceutical industry and other members of the healthcare sector – such as doctors – must comply with statutory laws (eg, criminal law and competition law). This is particularly true regarding invitations to congresses, sponsorship, gifts and donations.

06 September 2016

The rise of German boutiques and what it says about contemporary clients' needs

For this week’s blog from the <i>WTR 1000</i> research team, having observed the rapid rise of boutique firms in Germany, we thought it would be insightful to look at what exactly it is that such firms can boast over their full-service counterparts – and to what extent those boasts hold true.

01 July 2016

Registrant to withdraw PANAMA PAPERS mark following lawsuit threat from investigative journalists

<i>World Trademark Review</i> has learned that the registrant behind a German trademark for the term THE PANAMA PAPERS has been threatened with legal action by the two journalists involved in the unprecedented leak of 11.5 million files from the database of law firm Mossack Fonseca. While the registrant has since agreed to withdraw the mark, he remains steadfast that he alone "was the only one who had seen the potential in the Panama Papers name".

11 May 2016

Preliminary injunctions: a comparative global overview

Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions

29 April 2016

Reimbursement of costs in German opposition proceedings remains a problem

The basic rule in opposition proceedings is that each party bears its own costs and that cost reimbursement is possible only if equity requires it. A recent decision highlights the difficulties of getting costs reimbursed in opposition proceedings

27 April 2016

Germany

Featured in Anti-counterfeiting 2016 – A Global Guide

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

27 April 2016

Anti-counterfeiting measures at all levels

Featured in Anti-counterfeiting 2016 – A Global Guide

Protecting products against counterfeiting has become an increasingly important issue for rights holders around the world. Filing and maintaining an umbrella of registered rights is only the first step towards protecting a company’s IP rights.

27 April 2016

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