Germany: Intellectual Property

On 8 May 2025, Advocate General Szpunar issued his long-awaited Opinion in two pending referrals to the Court of Justice of the European Union in the Mio and USM Haller/konektra cases...

On 20 February 2025, the German Federal Supreme Court (BGH) delivered a landmark ruling in a case concerning the copyright protection of Birkenstock sandals.

Heads up, copyright lovers: Finally, the Federal Court of Justice in Germany rendered its decisions on the question: Are these shoes copyright-protected? These decisions...

The UPC has recently issued its first two decisions on FRAND, setting important guidelines for SEP owners and implementers.

Marken, Urheberrechte, Patente, Know-how – „IP-Rechte" aller Art sind wichtige wirtschaftliche Güter. Sollen sie nicht nur selbst genutzt, sondern auch durch Dritte...

The EU has embarked on a mission. A mission to reduce transaction costs in Standard Essential Patents ("SEP") licensing and litigation.

If the successful party wishes to obtain a decision on costs, it must submit an application for the determination of costs within one month of service of the decision.

If the defendant claims that infringement is impossible due to factors outside the scope of the patent claim, the defendant must prove this.

A broadly phrased motion for damages can include damages from ancillary transactions, even if not explicitly stated.

The German Federal Supreme Court has ruled that Google could use and display a thumbnail preview of a picture taken from an artist’s web site, because she had not sent a signal to say that she objected to this.

On 1 September 2008, the Enforcement Act ("Act") will enter into force in Germany. The most important innovations introduced by the Act are an extended right of information, a right to obtain disclosure of i.a. documents in the control of the alleged infringer of an intellectual property right, a right to recall infringing products from the channels of commerce and aright to publication of judicial decisions.

A German publisher has failed in its first attempt to stop Google scanning its books and publishing excerpts from them on the internet.