Intellectual property protection concerns inventions, brands, designs and creative work. The appropriate approach depends on the product, territory, disclosure plans and commercial objective.
Rights, contracts and proceedings
- Trade mark protection and disputes — A product launch, rebrand or expansion requires more than filing a trade mark. We assess registrability, earlier rights and the appropriate territorial strategy for German, EU and international protection.
- Patents and utility models — Technical developments should be assessed for protection before disclosure. Our legal and technical work covers inventions, computer-implemented solutions and disputes over technical IP.
- Design and product appearance protection — Product shapes, packaging, graphical interfaces and digital designs may qualify for separate protection. Representations, disclosure planning and the intended scope of protection are central.
- Copyright, content and media — Text, photographs, films, music, graphics and software require a reliable chain of rights. We advise businesses on acquiring and licensing rights and on bringing or defending infringement claims.
- Trade secrets and know-how — Source code, manufacturing processes and customer information need more than a confidential label. A trade secret programme should connect the information being protected with access controls and documented organisational measures.
- Licensing and technology transfer — A licence should align commercial objectives with the permissions actually granted. We draft and negotiate agreements for trade marks, patents, designs, software, content and know-how, including cross-border exploitation.
- IP strategy and due diligence — Investment, acquisitions and expansion depend on rights that are genuinely available to the business. We assess portfolios and chains of title and translate findings into transaction and integration measures.
- Infringement, injunctions and disputes — Infringement allegations require a coordinated review of evidence, deadlines and business consequences. We act for rights holders and for businesses defending unfounded or excessive demands.
Further forms of protection
Other forms of protection include plant variety rights, semiconductor topographies and geographical indications. Supplementary protection certificates may complement patent protection for certain regulated products. Their eligibility criteria, procedures, duration and transitional arrangements require separate assessment.
For plant breeding, variety rights and patent issues need to be distinguished. Semiconductor topography protection concerns protected layouts; technical functions may require other forms of protection. Product imitation can also raise unfair competition issues under particular conditions. Neither every imitation nor every business idea is automatically protected.
Ownership and exploitation
The chain of rights starts with inventors, authors, employees and contractors. Under German law, copyright is generally not transferable during the author’s lifetime; rights of use are normally granted instead. Trade marks and patents can be assigned. Acquisition and licensing agreements must account for these differences.
Registration is not clearance
Registration does not automatically confer freedom to market a product. Eligibility, validity, scope and earlier third-party rights are separate questions. Proceedings can include examination, opposition, revocation or invalidity, and infringement litigation.