This branch of law deals with unfair competition, industrial property rights, labelling rights and copyright. Industrial property rights include rights entered in the register which protect technical and aesthetic performance. Industrial property rights include technical property rights such as patents, utility models, plant variety rights, design patents and trademarks.
We advise and represent our clients out of court and in court. Warning letter are of great importance. In this respect, it must be checked immediately whether the accusation is justified or not in order to avoid high (unnecessary) costs of a court case.
By means of a temporary injunction, an inadmissible behaviour can be prohibited at short notice and effectively. In this context, many formal requirements must be observed. But even those who are wrongly claimed can appeal against a temporary injunction.
The external presentation of a company with the help of brands and symbols is becoming increasingly important. These should be secured at an early stage by registering trademarks with the German Patent and Trademark Office. Once a trademark has been registered, it should be constantly monitored so that other symbols cannot jeopardise this protection. Many companies have creative ideas leading to a special design. This must be protected against imitators and exploitation. Design patents and other rights can be used for this purpose.
Competition law, which is regulated in the Unfair Competition Act (UWG), is becoming increasingly important. Misleading advertising or unfair business practices are prohibited. Under certain conditions, comparable advertising is permissible today. Unacceptable harassment is still prohibited.
Our office has decades of experience in the field of industrial property rights, above all in competition law, trademark law, copyright law, the enforcement and defence of claims, warnings, main proceedings and injunction suits.For decades, our law firm has been cooperating with a nationwide association for the promotion of commercial interests.