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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  
Know-how Protection
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May 2020
Art Law
Safe­guard­ing as­sets Col­lect­ing art sat­is­fies the de­sire to cre­ate something last­ing and pre­serve our cul­tur­al her­it­age. Such cul­tur­al and fin­an­cial as­sets re­quire cor­res­pond­ing pro­tec­tion. We provide...
September 2020
Pro­tect­ing your IP rights in a chan­ging world
The pan­dem­ic that will define 2020 has put many types of in­tel­lec­tu­al prop­erty in the spot­light –par­tic­u­larly, of course, in life sci­ences. Who will de­vel­op an ef­fect­ive vac­cine or vac­cines for Cov­id-19...

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14 May 2021
Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice
Doc­u­ment sign­ing has presen­ted nov­el chal­lenges in the new re­mote-work­ing en­vir­on­ment. Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice (EPO) can be straight­for­ward provided that the form­al re­quire­ments...
26/04/2021
CMS ad­vises Swiss firm Design­werk Tech­no­lo­gies on sale to Volvo Group
Co­logne – Sweden’s Volvo Group has ac­quired 60% of the shares in Swiss com­pany Design­werk Tech­no­lo­gies. Volvo plans to use the ac­quis­i­tion to com­ple­ment and ex­pand its cur­rent port­fo­lio of pi­on­eer­ing...
21 April 2021
Lego A/S v EUIPO: Lego re­tains design re­gis­tra­tion for its icon­ic Lego...
The Second Cham­ber of the Gen­er­al Court in Lego A/S v EUIPO (Case T-515/19) has an­nulled a de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to de­clare in­val­id the design of a Lego brick...
14/04/2021
CMS ad­vises Ca­dence Growth Cap­it­al on in­vest­ment in IoT com­merce plat­form...
Stut­tgart – IoT com­merce plat­form tink has suc­cess­fully com­pleted its Series D fin­an­cing round, which raised EUR 40 mil­lion. The round of fin­an­cing was led by Ca­dence Growth Cap­it­al (CGC). Oth­er in­vestors...
12/04/2021
CMS ad­vises Mas­ter Build­ers Solu­tions Deutsch­land on ac­quis­i­tion of TPH...
Düs­sel­dorf – Mas­ter Build­ers Solu­tions Deutsch­land GmbH has ac­quired all the shares in TPH Bausysteme GmbH, a spe­cial­ist in in­jec­tion solu­tions for tun­nel con­struc­tion and civil en­gin­eer­ing. Mas­ter...
08/04/2021
CMS ad­vises RS­BG SE on ac­quis­i­tions for Ad­vanced Man­u­fac­tur­ing di­vi­sion
Co­logne – RS­BG SE, the in­vest­ment com­pany of the RAG-Stif­tung found­a­tion, is ex­pand­ing its Ad­vanced Man­u­fac­tur­ing di­vi­sion. The com­pany re­cently ac­quired 100% of the shares in Mul­ti­photon Op­tics GmbH...
23 March 2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05 March 2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
04/03/2021
CMS ad­vises US elec­tro­tech­no­logy com­pany AMET­EK on the takeover of the...
Frank­furt/Main – AMET­EK, a lead­ing world­wide pro­vider of elec­tron­ic meas­ur­ing in­stru­ments and elec­tromech­an­ic­al devices, has taken over the en­tire busi­ness of EGS Auto­mat­is­ier­ung­s­tech­nik GmbH.A CMS...
26/02/2021
CMS ad­vises Shell on ac­quis­i­tion of Next Kraft­werke
Ham­burg – Shell Over­seas In­vest­ment B.V. (Shell) has agreed to ac­quire 100 per­cent of the shares of vir­tu­al power plant (VPP) op­er­at­or Next Kraft­werke GmbH from its con­sor­ti­um of share­hold­ers. The parties...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
17 February 2021
Com­puls­ory li­cens­ing in Ger­many
1. What is the defin­i­tion of com­puls­ory li­cens­ing? Sec­tion 24 (1) Ger­man Pat­ent Act (Pat­ent­ge­setz – "GPA") con­tains a defin­i­tion of com­puls­ory li­cense. It reads as fol­lows: "The non-ex­clus­ive au­thor­isa­tion...
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