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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
    September 2013
    Kunstrecht

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    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 Portabili...
    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 t...
    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 b...
    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 sa...
    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 aut...
    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 ti...
    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.
    30/09/2016
    Equal treatment in light of private copying exemption and extent...
    The Court of Justice of the European Union (“CJEU”) has recently shed further light on the private copying exemption provided by article 5 (2) (b) of the Infosoc Directive 2001/29/EC in the Microsoft Mobile Sales Int.
    27/09/2016
    EU reform of copyright law: heading in the right direction?
    Two roads diverged in a wood, perhaps the Commission favoured the one most travelled. The European Commission, within the framework of its ‘Digital Single Market’ strategy, has recently launched a few proposals hoping to adapt the existing copyright regime.
    19/09/2016
    CJEU clarifies criteria for recovering lawyers’ fees in IP disput...
    In its decision of 28 July 2016, the Court of Justice of the European Union (“CJEU”) clarified that at least a significant and appropriate part of the reasonable costs incurred by the successful party must be reimbursed by the unsuccessful party in IP litigation.
    14/09/2016
    To hyperlink or not? Posting a hyperlink can infringe copyrights
    On 8 September, the Court of Justice (“CJEU”) in the GS Media BV v. Sanoma Media a. o. case (C-160-15), within the framework of a preliminary ruling requested by the Supreme Court of the Netherlands, held that GS Media, by posting hyperlinks that give access.
    06/09/2016
    IP - Brexit Qs and As
    I.     What are the immediate effects of the Brexit referendum on my intellectual property rights? The UK is at the moment still a member of the EU and has not yet officially filed to leave it. This means that all EU regulations are still effective.