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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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    Border Seizure

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

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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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    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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    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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    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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    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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    May 2020
    Art Law
    Safe­guard­ing as­setsCol­lect­ing art sat­is­fies the de­sire to cre­ate something last­ing and pre­serve our cul­tur­al her­it­age. Such cul­tur­al and fin­an­cial as­sets re­quire cor­res­pond­ing pro­tec­tion. We provide the ne­ces­sary leg­al ad­vice and sup­port in this sens­it­ive area.Our role of­ten in­volves work­ing at the in­ter­sec­tion of sev­er­al areas of law. When con­duct­ing in­ter­na­tion­al art trans­ac­tions, for ex­ample, it is ne­ces­sary to pre­pare valu­ation re­ports, cla­ri­fy tax and cus­toms is­sues, en­sure that the fin­ance is in place, ne­go­ti­ate agree­ments, con­sider copy­right as­pects, and ar­range trans­port and in­sur­ance. In­vest­ing in art also raises ques­tions re­lat­ing to the au­then­ti­city or proven­ance of works, where it is es­sen­tial to ob­tain leg­al ad­vice.Mat­ters re­lat­ing to cor­por­ate and tax law also arise, es­pe­cially if a found­a­tion is to be set up. In­her­it­ance law like­wise plays an im­port­ant role in our art prac­tice...

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    06/08/2020
    One of the largest bi­otech fin­an­cing rounds in Ger­many in re­cent years:...
    A CMS team headed by lead part­ner Stefan-Ul­rich Müller ad­vised T-knife on all leg­al as­pects of the Series A fin­an­cing. CMS’s Mu­nich-based ven­ture cap­it­al and life sci­ences team has been ad­vising the bi­otech start-up on all leg­al mat­ters since its seed fin
    22 April 2020
    CMS Ex­pert Guide to COV­ID-19's im­pact on IP leg­al tim­ings
    As in all as­pects of busi­ness, COV­ID-19 is im­pact­ing the world of IP and the po­s­i­tion is con­stantly chan­ging. To help you pri­or­it­ise and plan, the Glob­al IP prac­tice at CMS has put to­geth­er an over­view of COV­ID-19's cur­rent im­pact on pro­ced­ur­al timetables be­fore courts, na­tion­al in­tel­lec­tu­al prop­erty of­fices and key in­ter­na­tion­al IP in­sti­tu­tions.
    27 July 2020
    Pro­tec­tion for Designs in UK post Brexit
    Since 2002, UK busi­nesses have been able to pro­tect their designs by vir­tue of both UK and EU design rights, con­fer­ring par­al­lel but slightly dif­fer­ing forms of pro­tec­tion. This art­icle con­siders the...
    15/07/2020
    CMS ad­vises Gardena on form­a­tion of al­li­ance to stand­ard­ise bat­ter­ies for...
    Robert Bosch Power Tools GmbH has es­tab­lished the Power for All Al­li­ance to­geth­er with Gardena GmbH. A CMS team headed by lead part­ner Dr Ger­ald Gräfe ad­vised Gardena on all leg­al as­pects of draft­ing and ne­go­ti­at­ing the agree­ments for the pro­ject...
    22 July 2020
    Around 1600 view­ers re­gister for live video stream of com­puter soft­ware...
    The En­larged Board of the European Pat­ent Of­fice re­cently heard or­al ar­gu­ments con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion. This rare event was video streamed to over 1600 pat­ent stake­hold­ers....
    07/07/2020
    CMS ad­vises Dis­cov­ery on the agree­ment to take over the TV chan­nel TELE...
    In close co­oper­a­tion, an in­ter­na­tion­al CMS team led by Klaus Jäger (CMS Ger­many) and Cli­ent Re­la­tion­ship Part­ners Vic­tor­ia Gaskell and Paul Guite (both CMS UK) provided com­pre­hens­ive leg­al ad­vice to Dis­cov­ery on the trans­ac­tion. CMS UK ad­vised with a fo­cu
    14 July 2020
    Ger­man Fed­er­al Su­preme Court cla­ri­fies the bar for po­ten­tial pat­ent in­fringers...
    With its de­cision of 5 May 2020 (Case No. KZR 36/17), the Ger­man Fed­er­al Su­preme Court raised the re­quire­ments for the con­duct of the po­ten­tial pat­ent in­fringer for FRAND ne­go­ti­ations. For the first time...
    26/06/2020
    Apotal Group sells on­line phar­macy’s mail-or­der busi­ness and dia­betes arm...
    A CMS team headed by lead part­ner Dr Chris­toph Lächler ad­vised the founder of the Apotal Group, Heinz-Peter Fichter, and oth­er share­hold­ers on all leg­al as­pects of the sales pro­cess...
    14 July 2020
    Santen ends Neur­im-style SPCs
    The word­ing of Art­icle 3(d) of the SPC Reg­u­la­tion re­quires that the SPC ap­plic­a­tion must rely on “the first au­thor­isa­tion to place the product on the mar­ket as a medi­cin­al product”. This sug­gests...
    10/06/2020
    CMS ad­vises PIB Group on ac­quis­i­tion of Marx Re
    A CMS team led by Richard Mit­ter­huber, Laura McIn­tosh und Astrid Roesen­er sup­por­ted PIB Group in all leg­al as­pects of the trans­ac­tion...
    08 July 2020
    “WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
    The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
    20/05/2020
    CMS ad­vises VR meine Raif­feis­en­bank eG on ac­quis­i­tion of Maler­winkel hotel...
    VR meine Raif­feis­en­bank eG has ac­quired the long-es­tab­lished Maler­winkel hotel and res­taur­ant on Lake Chiem­see. A CMS team led by part­ners Dr Eva An­nett Grigoleit and Dr Ig­or Sten­zel ad­vised VR meine Raif­feis­en­bank eG on all leg­al as­pects of the trans­acti