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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 Hasche Sigle assists both SMEs and international corporations to optimise their intellectual property rights and assert them effectively. More than 60 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 Hasche Sigle 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 Hasche Sigle 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 Hasche Sigle 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 Hasche Sigle 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 Hasche Sigle 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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    The In­tel­lec­tu­al Prop­erty team

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    15/06/2017
    More bad news for the European Unit­ary Pat­ent: The Fed­er­al Con­sti­tu­tion­al...
    The Bundestag and Bundes­rat have passed Ger­man laws on the European pat­ent with unit­ary ef­fect (the “European Unit­ary Pat­ent”) and the Unit­ary Pat­ent Court (the “UPC”). These laws, which still have to be signed by the Ger­man Pres­id­ent, should have been im­ple­men­ted.
    02/06/2017
    The fu­ture of the European Unit­ary Pat­ent – dark clouds on the ho­ri­zon?
    The art of proph­ecy is very dif­fi­cult, es­pe­cially with re­spect to the fu­ture. Pre­dict­ing the fu­ture of the European Unit­ary Pat­ent - and the UK's po­s­i­tion on it - is no ex­cep­tion. In March 2017, the UK In­tel­lec­tu­al Prop­erty Of­fice men­tioned that the im­ple­ment­a­tion.
    30/05/2017
    Ger­man Fed­er­al Court of Justice: “Free­dom of pan­or­ama” in­cludes non-sta­tion­ary...
    A re­cent Fed­er­al Court of Justice case tested the bound­ar­ies of the “free­dom of pan­or­ama” (in Ger­man, Pan­or­ama­freiheit) which per­mits the re­pro­duc­tion, dis­tri­bu­tion and pub­lic­a­tion of works pro­tec­ted by copy­right that are loc­ated per­man­ently in pub­lic ways.
    11/04/2017
    High­er Re­gion­al Court of Düs­sel­dorf ad­dresses FRAND terms in pat­ent...
    In the af­ter­math of the Court of Justice of the European Uni­on’s (the “CJEU”) de­cision in Hua­wei Tech­no­lo­gies v ZTE, the High­er Re­gion­al Court of Düs­sel­dorf has ruled on the ob­lig­a­tions of a stand­ard es­sen­tial pat­ent (“SEP”) own­er, in the tele­com­mu­nic­a­tion.
    06/04/2017
    Face­book users do not in­cur li­ab­il­ity if they only share con­tent
    Face­book users in Ger­many of­ten won­der wheth­er they in­cur li­ab­il­ity if they share un­law­ful con­tent pos­ted by third parties. In a re­cent de­cision re­gard­ing pri­vacy rights, the Dresden High­er Re­gion­al Court held that merely shar­ing a Face­book post does not in­cur.
    28/03/2017
    On the road to autonom­ous vehicles
    Con­nec­ted and autonom­ous vehicle (“CAV”) tech­no­lo­gies are set to have a pro­found so­cial and eco­nom­ic im­pact world­wide and con­tin­ue to ac­cu­mu­late a great weight of ex­pect­a­tion. Ad­voc­ates ar­gue that CAV tech­no­lo­gies will im­prove road safety, ease con­ges­tion and.
    20/03/2017
    UPC le­gis­la­tion moves one step for­ward in Ger­many
    On 10 March 2017, the Bundestag (Ger­man Par­lia­ment) un­an­im­ously passed two bills re­gard­ing the rat­i­fic­a­tion of the Uni­fied Pat­ent Court (“UPC”) Agree­ment (Ge­setz zu dem Übereinkom­men vom 19. Feb­ru­ar 2013 über ein Ein­heit­liches Pat­ent­gericht) and the re­lated.
    03/02/2017
    Does Trump’s Ex­ec­ut­ive Or­der threaten EU-US data trans­fers?
    On Janu­ary 25th 2017 US Pres­id­ent Don­ald J. Trump ad­op­ted an Ex­ec­ut­ive Or­der titled “En­han­cing Pub­lic Safety in the In­teri­or of the United States”. The Ex­ec­ut­ive Or­der mainly fo­cuses on strength­en­ing im­mig­ra­tion en­force­ment.
    11/01/2017
    Ger­man Court Con­firms ECJ Rul­ing on Li­ab­il­ity for Links
    On 18 Novem­ber 2016, the Ham­burg Re­gion­al Court is­sued the first Ger­man court de­cision to ex­pressly con­firm the prin­ciples of the European Court of Justice’s (“ECJ”) GS Me­dia rul­ing re­gard­ing li­ab­il­ity for posters of hy­per­links.
    05/01/2017
    Leg­al Com­mit­tee of the European Par­lia­ment ap­proves the Port­ab­il­ity...
    On 29 Novem­ber 2016, the Leg­al Com­mit­tee of the European Par­lia­ment ap­proved the reg­u­la­tion on “en­sur­ing the cross-bor­der port­ab­il­ity of on­line con­tent ser­vices” (the “Port­ab­il­ity Reg­u­la­tion”). So far, the Port­ab­il­ity Reg­u­la­tion is the only re­main­ing pro­vi­sion.
    05/12/2016
    ABS Reg­u­la­tion - Draft Bi­otech Sec­tor Stake­hold­er Guid­ance
    Views are be­ing sought from in­ter­ested stake­hold­ers on European guid­ance for the bi­o­tech­no­logy sec­tor con­cern­ing the EU’s ac­cess to ge­net­ic re­sources and shar­ing of be­ne­fits from util­isa­tion le­gis­la­tion – namely the ABS Reg­u­la­tion.
    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    30/11/2016
    The CJEU de­term­ines scope of im­pli­cit con­sent of au­thors to use their...
    Earli­er this month the Court of Justice of the EU (“CJEU”) has rendered a de­cision in the Marc Souli­er, Sara Dokes v. Premi­er Min­istre, Min­istre de la Cul­ture et de la Com­mu­nic­a­tion case (C-301/15), whereby it scru­tin­ized the French “Code de la Pro­priété In­tel­lec­tuelle”.
    18/11/2016
    No li­cence needed for the ‘pub­lic lend­ing’ of di­git­al cop­ies of books!
    The Court of Justice of the European Uni­on (“CJEU”) in the VOB v. Sticht­ing Leen­recht case (C-174/15) has re­cently provided some cla­ri­fic­a­tions in re­la­tion to the rent­al and lend­ing right covered by the Rent­al and Lend­ing Dir­ect­ive (2006/115).
    15/11/2016
    Are dy­nam­ic IP ad­dresses per­son­al data? Europe’s highest court says...
    On 19 Oc­to­ber 2016, the Court of Justice of the European Uni­on (“CJEU”) is­sued its judg­ment in Patrick Brey­er v. Bundes­rep­ub­lik Deutsch­land. The case arose when Mr Brey­er, a mem­ber of the Ger­man Pir­ate Party, chal­lenged the stor­age of dy­nam­ic IP ad­dresses.
    27/10/2016
    “Losers” lose: trans­fer of a back-up copy of soft­ware, un­less au­thor­ized,...
    The European Court of Justice (“ECJ”), in the Aleksandrs Ranks and Jur­ijs Vasilevics case (C-166/15), held that al­though in ap­ply­ing the Used­Soft case (C-128/11) “the ini­tial ac­quirer of a copy of a com­puter pro­gram ac­com­pan­ied by an un­lim­ited user li­cence.
    25/10/2016
    New ICO pri­vacy no­tices, trans­par­ency and con­trol code – is it time...
    The In­form­a­tion Com­mis­sion­er’s Of­fice (“ICO”) re­leased a re­vised code of prac­tice (the “Code”) fol­low­ing a con­sulta­tion on com­mu­nic­at­ing pri­vacy in­form­a­tion to in­di­vidu­als. The pur­pose of the Code is to en­sure trans­par­ency and ac­cess­ib­il­ity to in­form­a­tion re­gard­ing.
    20/10/2016
    Like­li­hood of con­fu­sion in just one part of the EU, EU trade mark...
    On 22 Septem­ber 2016, the Court of Justice of the European Uni­on (“CJEU”) rendered an in­ter­est­ing judg­ment in case C‑223/15 re­gard­ing the ques­tion wheth­er if a court finds that the use of a sign cre­ates a like­li­hood of con­fu­sion with an EU trade mark in only.