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Portrait of Markus Deck

Markus Deck, M.C.J. (University of Texas, Austin)

Partner
Rechtsanwalt | Head of Intellectual Property, CMS Germany

CMS Hasche Sigle
Kasernenstraße 43-45
40213 Duesseldorf
Germany
Languages German, English, French, Spanish

Markus Deck is an intellectual property expert with more than 25 years of experience and a particular focus on technology-related projects. He specialises in patent law and represents clients in litigation and non-litigious matters. He regularly advises on technology-driven transactions which often revolve around the allocation and exploitation of intellectual property. In this context, Markus’s clients also benefit from his competition, antitrust and distribution law expertise.

Markus has successfully handled more than 100 licensing, settlement and other IP agreements and on an ongoing basis, he also advises his clients on legal issues related to product piracy, trade secrets and inventions by employees. He is particularly well known for his work enforcing intellectual property rights which he does on a national as well as international level and before courts and in arbitration proceedings. His clients include multinational groups but also medium-sized companies and start-ups.

Markus has been an intellectual property partner since 2007. Prior to joining CMS, he was a partner at Linklaters and its predecessors (since 1998) where he had been a member of the firm's intellectual property group since 1989. Markus Deck is Co-author of the "Münchener Anwaltshandbuch".

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„Insbesondere Markus Deck überzeugt immer durch seine Verbindlichkeit, Klarheit der Aussagen, umfassenden rechtlichen Kenntnisse, Durchsetzungsstärke betreffend unsere Interessen, Verfügbarkeit etc. In jeder Hinsicht ein vorbildlicher Rechtsanwalt.“

The Legal 500 Deutschland, 2020

Relevant experience


  • Advising and representing Nanya Corporation in patent infringement proceedings with regards to patents in the field of semiconductor memory technology that are standard-essential as well as enforcing patent licences in the case of insolvency of the licensor
  • Providing cross-border advice to the insolvency administrator of Karmann GmbH on selling individual business units and on the necessary structuring and exploitation of a comprehensive IP portfolio; developing a licensing structure for the different (prospective) buyers
  • Lead advisor on multinational patent infringement proceedings for Otis Elevator Company, in particular coordinating the proceedings with the lawyers involved in different European countries as well as in the USA plus handling numerous German patent infringement proceedings including invalidity proceedings
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Memberships & Roles


  • Licensing Executives Society (LES)
  • International Association for the Protection of Industrial Property (AIPPI)
  • European Patent Lawyers Association (EPLAW)
  • German Association for the Protection of Intellectual Property (GRUR)
  • American Intellectual Property Law Association (AIPLA)
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Publications


  • Münchener Anwaltshandbuch Gewerblicher Rechtsschutz, 4th ed., C. H. Beck Verlag 2012
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Lectures list


  • Regular presentations for the Forum Institut for Management in the area of IP.
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Education


  • 1992: Second state examination in law, following trainee lawyer period in Cologne and Chicago (Katten, Muchin & Zavis)
  • 1989 - 1992: Part-time work with Boden Oppenhoff’s intellectual property group
  • 1988: Master of Comparative Jurisprudence, University of Texas, Austin
  • 1986 - 1987: Research assistant at Cologne University’s Institute of Foreign Private and Private International Law
  • 1986: First state examination in law
  • Law studies in Cologne and Geneva
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02/11/2020
CMS ad­vises Plastic Om­ni­um on es­tab­lish­ment of Joint Ven­ture with El­ringK­linger
Dus­sel­dorf/Vi­enna - In or­der to drive for­ward the de­vel­op­ment of hy­dro­gen mo­bil­ity, the two auto­mot­ive sup­pli­ers El­ringK­linger and Plastic Om­ni­um will cre­ate a joint ven­ture for the de­vel­op­ment and large-scale...
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...
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...
19/02/2020
CMS ad­vises bid­der con­sor­ti­um formed by x+bricks and SCP on suc­cess­ful...
Düs­sel­dorf – Mad­rid Ac­qui-Co GP GmbH, a joint ven­ture between x+bricks AG and SCP Group S.à r.l., has ac­quired the en­tire real,- Group from Metro AG. The con­sor­ti­um is ac­quir­ing the en­tire op­er­a­tion­al...
27 October 2019
ACC 2019 An­nu­al Meet­ing
CMS - Meet our ex­perts More than 70 per­cent of the world’s pur­chas­ing power is loc­ated out­side of the United States. So for US com­pan­ies, es­tab­lish­ing or grow­ing their busi­ness and in­vest­ments with...
12 May 2019
ACC Europe An­nu­al Con­fer­ence 2019
CMS - Meet our ex­perts Ac­cess to mar­kets world­wide has im­proved sig­ni­fic­antly, thanks to tech­no­logy and trade agree­ments. However, do­ing busi­ness in di­verse mar­kets, each with its unique leg­al en­vir­on­ment...
21 October 2018
ACC 2018 An­nu­al Meet­ing
CMS - Meet our ex­perts­More than 70 per­cent of the world’s pur­chas­ing power is loc­ated out­side of the United States. So for US com­pan­ies, es­tab­lish­ing or grow­ing their busi­ness and in­vest­ments with their...
17 October 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...
13/07/2018
Ro­bus Cap­it­al Man­age­ment ac­quires busi­ness op­er­a­tions of Beate Uhse Group...
Düs­sel­dorf – A fund man­aged by private equity in­vestor Ro­bus Cap­it­al (“Ro­bus”) has ac­quired the busi­ness op­er­a­tions of the Beate Uhse Group via in­solv­ency plan pro­ceed­ings in re­la­tion to Beate...
26 March 2018
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open source?
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false...
15 October 2017
ACC 2017 An­nu­al Meet­ing
CMS - Meet our ex­perts More than 70 per­cent of the world’s pur­chas­ing power is loc­ated out­side of the United States. So for US com­pan­ies, es­tab­lish­ing or grow­ing their busi­ness and in­vest­ments with...
07 May 2017
ACC Europe An­nu­al Meet­ing 2017
Our more than 4,500 law­yers in 39 coun­tries world­wide provide busi­ness-fo­cused ad­vice, wheth­er in a single mar­ket or across mul­tiple jur­is­dic­tions. Our fo­cus is on build­ing long-term part­ner­ships to keep...