Intellectual property and antitrust—Germany—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Intellectual property and antitrust—Germany—Q&A guide
  • 1. Under what statutes, regulations or case law are intellectual property rights granted? Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred? Do the rights exceed the minimum required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)?
  • 2. Which authorities are responsible for granting, administering or enforcing IP rights?
  • 3. What types of legal or administrative proceedings are available for enforcing IP rights? To the extent your jurisdiction has both legal and administrative enforcement options for IP rights, briefly describe their interrelationship, if any?
  • 4. What remedies are available to a party whose IP rights have been infringed? Do these remedies vary depending on whether one utilises judicial or administrative review or enforcement?
  • 5. Do any statutes, regulations or case law in your jurisdiction address the interplay between competition law and IP law?
  • 6. Does your jurisdiction participate in any patent cooperation treaties or other similar agreements?
  • 7. With respect to trademarks, do competition or consumer protection laws provide remedies for deceptive practices?
  • 8. With respect to copyright protection, is WIPO protection of technological protection measures (TPMs) and digital rights management (DRM) enforced in your jurisdiction? Do statutes, regulation or case law limit the ability of manufacturers to incorporate TPM or DRM protection limiting the platforms on which content can be played? Has TPM or DRM protection been challenged under the competition laws?
  • 9. What consideration has been given in statutes, regulation or case law to the impact of the adoption of proprietary technologies in industry standards?
  • More...

Intellectual property and antitrust—Germany—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to intellectual property and antitrust in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Meissner Bolte—Philipp Rastemborski

1. Under what statutes, regulations or case law are intellectual property rights granted? Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred? Do the rights exceed the minimum required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)?

Most intellectual property rights in Germany are governed by dedicated statutes, the most relevant being:

  1. the German Patent Act (GPA);

  2. the German Act on Utility Models;

  3. the German Act on Trademarks and Signs (TMA);

  4. the German Copyright Act (GCA);

  5. the German Design Act (GDA);

  6. the German Act on the Protection of Topographies of Microelectronic Semiconductors;

  7. the German Act on Plant Varieties;

  8. the German Trade Secrets Act (TSA);

  9. the European Patent Convention (EPC);

  10. EU Regulation 469/2009 on supplementary protection of medicinal products;

  11. EU Regulation 6/2002 on Community Designs (CDR);

  12. EU Regulation 2017/1001 on the European Union Trademark (EUTMR);

  13. EU Directive 2001/29 on the harmonization of certain aspects of copyright and related rights;

  14. EU Directive 2019/790 on copyright and related rights in the Digital Single Market, amending Dir. 2001/29/EC; and

  15. EU Regulation 510/2006 on the protection of geographical indications and designations of

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