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...

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...

In recent years, cross-border patent disputes have intensified, drawing an increasing number of Chinese companies into major global litigation. Among the available remedies, injunctions often exert...

The Court of Appeal addresses whether the deadline for submitting a Statement of response to an appeal can be extended when new information becomes available after the Statement of grounds of appeal was received. This procedural decision involves an appeal between Fives ECL and REEL GmbH concerning European Patent EP 1 740 740, examining the application of specific UPCA articles and Rules of Procedure governing extension of time limits in UPC appeal proceedings.

The Munich Local Division of the Unified Patent Court addressed critical procedural questions in provisional measures proceedings, examining how prior knowledge of infringement allegations from parallel litigation in other jurisdictions affects the timeline for preparing objections. The court's decision establishes important precedents for balancing swift relief against the fundamental rights of respondents in cross-border patent disputes.

The Local Division Düsseldorf issued a procedural order addressing service of a statement of claim under The Hague Convention when Chinese authorities indicate a defendant refuses to accept documents. The order clarifies whether such refusal constitutes sufficient service and examines the application of Rule 275.2 RoP for immediate service without requiring alternative methods under Rule 275.1 RoP.

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

Confidentiality orders are not limited to trade secrets, they cover any information requiring confidentiality, balanced against the parties’ competing interests