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Intellectual Property

Germany

Ideas and innovation are the creative potential of a successful business. This intellectual potential becomes a measurable enterprise value when expressed in property rights (e.g. patents, utility patents and copyright) or monetised through licences. Legally watertight advertising campaigns, press materials that are beyond reproach and careful media usage also make a quantifiable contribution to business success.

What others say about us

"CMS has one of the best IP teams in the business."
 (Law firms in Germany)

"The team offers good know-how, experience, value for money and excellent client services."
 (Chambers Guide)

"Clients say that 'nothing compares with' CMS's practice."
 (Legal 500, 2013)

Experience and expertise whenever you need us

CMS assists both SMEs and international corporations to optimise their intellectual property rights and assert them effectively. More than 70 specialised IP lawyers provide tailored advice that is designed to achieve results. Thanks to their experience from practice, teaching and research, they are always familiar with the latest developments across all areas of intellectual property.

Unlike most other areas of law, intellectual property is repeatedly affected by new legislative proposals at a national and international level. Accordingly, our lawyers are widely represented in professional associations and expert committees that deal with these developments and provide expert comment.

Our expertise

CMS – presence in Europe

In European countries outside Germany, the international CMS network provides CMS with access to specialists to advise on your claims out-of-court and enforce them in court. We take over the coordination of parallel infringement cases in various countries.

Key markets and industries

Our experienced team successfully advises companies from every sector, including:

  • Automotive
  • Entertainment
  • TV
  • Internet and new media
  • Cosmetics industry
  • Retail
  • Engineering
  • Medical technology
  • Pharmaceuticals and food
  • Sport
  • Press and publishing
  • Advertising and marketing  
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Choose area

    Design Law

    Design adds value to products and makes them stand out from the crowd. As a cornerstone of your success in business, your design needs to be defended against possible counterfeiters.

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    In-Court and Out-of-Court Representation

    CMS is one of Germany’s leading law firms when it comes to acquiring and defending intellectual property rights. We represent our clients before the courts in all aspects of these matters. Our experts conduct lawsuits right up to the Federal Court of Justice (Bundesgerichtshof – BGH) and before European courts.

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    Border Seizure

    Border seizure is an effective and low-cost method of combating counterfeit goods and illegal parallel imports.

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    Trademark Law

    Trademarks are of major importance for a company’s value and competitive position. The lawyers at CMS Germany offer cost-effective management of your property rights portfolio based on your specific requirements. To do this, we use state-of-the-art software that is precision-tailored to our clients' needs.

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    Patent and Utility Patent Law

    CMS Germany has an effective and experienced team of patent and utility patent specialists. Where issues are particularly complex, we work closely with our clients' own experts and with external patent attorneys.

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    Copyright

    Copyright plays a key role in the exploitation of creative achievements, both offline and online. A current focus is the development of new business models on the Internet.

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    Competition Law (Unfair Competition Act – UWG)

    CMS Germany provides legal advice on designing your advertising and developing new marketing concepts. We aim to work with you to find legally admissible solutions that do not restrict your creativity or business success.

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    Stefan-Ulrich Müller, M. Jur. (Oxford)
    19/11/2018
    CMS ad­vises share­hold­ers in soft­ware se­cur­ity start-up...
    17/10/2018
    Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
    In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
    12/11/2018
    Filling and pack­aging equip­ment man­u­fac­turer Krones...
    14/06/2018
    CJEU rules that Louboutin's red sole trade mark is not a shape trade...
    On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judge­ment in the case about Louboutin’s red sole trade mark, rul­ing that this trade mark does not re­late to a spe­cif­ic shape of sole for high-heeled shoes since the de­scrip­tion ex­pli­citly.
    Dr. Jörg Zätzsch, LL.M. (Tulane University)
    07/11/2018
    CMS ad­vises lead in­vestor Ponooc on series B round...
    19/03/2018
    Open Source Com­pli­ance
    Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.
    30/10/2018
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    15/03/2018
    Trans­par­ency in Big Data – New in­form­a­tion rights of the GDPR
    One of the GDPR’s main ob­ject­ives is to in­crease trans­par­ency in Big Data. Sub­sequently, con­trol­lers are re­quired to re­veal more de­tails of their data pro­cessing op­er­a­tions. In­form­a­tion rights as in­di­vidu­al rights In­form­a­tion rights as stip­u­lated in art­icles.
    05/10/2018
    CMS ad­vises sole share­hold­er in con­sumer goods dis­trib­ut­or...
    16/02/2018
    Com­pli­ance - Res­ol­u­tions for 2018?
    Com­pan­ies must com­ply with the European Gen­er­al Data Pro­tec­tion Reg­u­la­tion by 25 May 2018 The sub­ject of data pri­vacy pro­tec­tion is rap­idly be­com­ing a cent­ral com­pli­ance is­sue that com­pan­ies can no longer ig­nore.
    13/09/2018
    CMS ad­vises Au­gur on sale of Ver­itas Group to La Française
    13/02/2018
    GDPR: ma­jor im­pact on hotel in­dustry
    In a de­vel­op­ment that is ex­pec­ted to re­ver­ber­ate across the hotel in­dustry of the Neth­er­lands and EU, the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR) is sched­uled to come in­to force on 25 May 2018. The GDPR was de­signed to strengthen pri­vacy rules, pro­tect the.