Protection of Intellectual Property and Competition Law
Protection of intellectual property includes the technical intellectual property rights of the Law on Patents and Utility Models as well as the non-technical intellectual property rights of the Law on Registered Designs, Marks (protection of brands, firm names and details of geographical provenance) and the Law on Protection of Plant Varieties. All these intellectual property rights aim to protect intellectual performance or achievements against unlawful use by third parties. For this very reason copyright - which is not actually an intellectual property right - is included in this field.The protection of marks, patents, utility models and copyright offers their owners a monopoly position. This is why advice on how to obtain such protection and safeguard one's interests in cases of cease-and-desist orders by owners or presumed owners is of fundamental importance for any activities in a specific market. We advise and represent our clients both with regard to obtaining protection by means of registration of such rights in Germany, Europe or internationally and also with regard to the defence of such intellectual property rights.
The term 'Competition Law' includes the law against unfair competition and the law against restrictive practices (Antitrust Law).
The law against unfair competition is essentially regulated by the (German) Unfair Competition Law (UWG) and its ancillary laws. Unfair competition is increasingly pursued not least through the simplified research possibilities of the Internet and, although the UWG has been liberalized in part, is punished by sometimes draconian sanctions and even adjustment levies on earnings. In view of this it is advisable to clarify beforehand whether the intended commercial activities will be considered unfair competition or not. As the UWG's relatively general definitions of an offence are ultimately underpinned by the courts’ case law, expert advice presupposes constant practice in this field. Our firm does have such comprehensive experience.
Antitrust Law problems do not solely arise in cases of price fixing but frequently also in connection with acquisitions or mergers. In this field also it is important to follow both German and European court decisions at all times so that the respective facts of a case can be judged correctly.