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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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    October 2016
    Art Law
    21 Oct 19
    AG Opin­ion in SkyKick: Guid­ance on the re­quire­ment for clar­ity and...
    Sum­mary The eagerly awaited Ad­voc­ate Gen­er­al Opin­ion in the SkyKick case (C-317/18) was pub­lished last week. The Opin­ion from AG Tanchev relates to ques­tions re­ferred to the CJEU by the UK High Court...
    06/12/2019
    CMS ad­vises capiton on Ger­many's first GP-led Single-As­set...
    18 Oct 19
    Re­vised Rules of Pro­ced­ure of the European Pat­ent Of­fice Boards of...
    The Rules of Pro­ced­ure of the Boards of Ap­peal are the rules that gov­ern the way ap­peals are con­duc­ted at the European Pat­ent Of­fice (EPO). The EPO has re­cently ap­proved changes to these rules, which...
    05/12/2019
    CMS ad­vises Ja­pan­ese en­ergy in­vest­ment com­pany Daiwa...
    08 Oct 19
    EU copy­right in designs - CJEU rule in Cofemel that ‘ori­gin­al­ity’...
    On 12 Septem­ber 2019, the Court of Justice of the European Uni­on (‘CJEU’) de­livered its judg­ment in the case of Cofemel, C-683/17 con­cern­ing copy­right in designs. In a rul­ing that will be wel­comed...
    03/12/2019
    CMS ad­vises GPE and capiton on ac­quis­i­tion of NIC­OLAY...
    13 Sep 19
    SPC Double Whammy - In­ter­pret­ing Art­icle 3(a) of the SPC Reg­u­la­tion
    Sum­mary At the end of June, the CJEU heard the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from the Eng­lish Court of Ap­peal for Searle’s...
    29/11/2019
    CMS ad­vises Raif­feis­en-Tours RT-Reis­en on ac­quis­i­tion...
    14 Jun 19
    The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
    EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic...
    29/11/2019
    CMS ad­vises Raif­feis­en-Tours RT-Reis­en on sale of shares...
    13 Jun 19
    SPC Man­u­fac­tur­ing Waiver to come in­to ef­fect 1 Ju­ly 2019
    Gen­er­ics com­pan­ies will soon be able to man­u­fac­ture SPC-pro­tec­ted drugs for ex­port out­side the EU un­der new man­u­fac­tur­ing waiver pro­vi­sions. In the last six months of the SPC life­time, it will also be...