Germany: Intellectual Property

In a major decision dated December 19, 2025 (R 2248/2019-G), the Grand Board of Appeal of the EUIPO ruled that the word mark “GEORGE ORWELL” cannot be registered as an EU trade mark (EUTM) for goods and services such as books, films, recorded media, and entertainment, cultural, and educational services. The decision provides important clarification on the registrability of famous persons’ names in cases where such names may be perceived by the relevant public as describing the content or subject matter of the goods and services concerned, rather than their commercial origin.

On April 14, 2026, the Court of Justice of the European Union (CJEU) issued a landmark ruling in Case C-590/23 (Pelham II), clarifying the scope of the “pastiche” exception under Article 5(3)(k)...

Am 14. April 2026 hat der Gerichtshof der Europäischen Union (EuGH) in der Rechtssache C‑590/23 (Pelham II) eine grundlegende Entscheidung erlassen und den Anwendungsbereich der Ausnahme für die...

German utility models offer a unique pathway to intellectual property protection, providing registration within weeks rather than the years typically required for patent approval. This expedited process presents strategic advantages for innovators seeking rapid market protection in Germany's robust IP framework.

Security for costs application against a claimant company established in Taiwan can be accepted as the facts provided in the case indicate that enforcing a cost decision in Taiwan...

The European Commission has issued its first-ever informal approvals of two separate sustainability initiatives among rivals under its revised Informal Guidance Notice and provided guidance on how the companies...

Intellectual property in the defence sector operates under a unique regulatory framework where innovation must be balanced against national security concerns. How can companies effectively protect...

The UPC Court of Appeal's decision in Kodak v. Fujifilm demonstrates how multi-jurisdictional legal teams must navigate complex patent infringement cases involving private prior use defenses under German law and importation rules under UK law. This landmark case reveals critical principles for establishing private prior use rights and the evidentiary requirements needed to prove commercial intent before patent priority dates.

The Local Division Düsseldorf of the Unified Patent Court issued an order addressing applications for protection of confidential information in patent infringement proceedings between Yangtze Memory Technologies and Micron Technology entities. The case involves European Patent EP 3 909 047 with jurisdictional implications across Germany and France under the UPC Agreement.

Intellectual property in the defence sector operates under a unique regulatory framework where innovation must be balanced against national security concerns. How can companies effectively protect...

Market data from providers requiring confidentiality qualifies as confidential information under R. 262.2, R. 262A.1 RoP and Art. 58 UPCA, extending beyond trade secrets per Art. 39(2) TRIPS

Germany's Federal Cabinet has approved a draft bill modernizing the country's product liability framework for the first time since 1989, expanding liability to cover software and AI systems while introducing new evidentiary rules that shift the burden of proof toward manufacturers. The reform extends potential liability to a broader range of economic operators, including online marketplace providers and fulfillment service providers, while establishing extensive disclosure obligations for defendants in prod