Legal Advice

Legal Advice

We assist you in all legal issues related to protective rights

When is an innovation protectable? Are there valid protective rights of third parties which obstruct new developments? Are existing protective rights valid?

How is an employee-inventor to be remunerated? We will assist you with these and many other questions.

Searches

We carry out searches worldwide for publications of patents and utility models in various technical fields. Therefore, we firstly elaborate a respective searching strategy for your particular requirements based on the relevant IPC classes and/or relevant catchwords. On this basis, we provide you with the identified patent and/or utility model specifications. If desired, we assist you in defining the scope of protection and in identifying the protective rights, which are crucial for you.

Furthermore, we can set up a continuous surveillance of the identified protective rights. We advise you with respect to possibilities to work around the crucial protective rights and/or advise and represent you with respect to possible oppositions, nullity and cancellation proceedings before the respective office or court. In this connection, we search for relevant prior art against the identified protective right and on this basis we evaluate the chances of success of an opposition, a nullity or cancellation action and elaborate a strategy for attacking.

Surveillance of protective rights

We watch over worldwide newly issued publications of patents and/or patent applications or utility models in various technical fields specified by you. Together with you we elaborate suitable criteria for your special needs to ensure an optimized coverage of the technical fields which are relevant for you. Based upon this we regularly provide you with the relevant newly issued publications and assist you in identifying the protective rights, which are crucial for you.

Furthermore, we can set up a continuous surveillance of the legal status of the identified protective rights and we advise you with respect to possibilities to work around the crucial protective rights and/or advise and represent you with respect to possible oppositions, nullity and cancellation proceedings before the respective office or court.

Law Relating to Inventions from Employees

In many cases innovations are based on the individual achievement of your employees. The law relating to inventions from employees regulates inter alia the transfer of rights to such an invention to the employer with respective remuneration issues. By means of the remuneration a fair balance between the interests of the employer (employer is entitled to the outcome of the work) and the interests of the employee-inventor (the right to the invention originates from the employee) is struck, so that you, as employer, can use the inventive achievement. In this connection we advise our clients comprehensively with respect to all issues concerning the law relating to inventions from employees:

  • Advice for the optimization of processes (from the recognition of an invention to the claim up to the building up of a patent portfolio
  • Calculating an adequate employee remuneration
  • Representation before the arbitration committee of the German Patent and Trademark Office as well as the ordinary courts

Competition law

New competition: social media –what is permitted?
The Unfair Competition Act (AAUC) is aimed at protecting competitors and consumers as well as other market participants against unfair business practices and at the same time protects the interest of the general public in an undistorted competition. AAUC questions and disputes many times result in connection with trademark issues. This concerns search engines and social media as new marketing and sales channels. Thereby warnings and preliminary injunctions on short notice are routine, whereby a quick taking over of the mandate as well as a swift handling of the case is important.
In order to offer an optimal support our Attorneys have many years of experience in trademark law as well as competition law and we can, if necessary, offer support on short notice. Our services include:

  • General competition legal advice
  • Checking your products, layouts and advertising slogans prior to publication
  • Dispatching/Responding to extrajudicial warnings, formulation of cease and desist declarations
  • Representation in preliminary injunction proceedings and depositing protective letters with the courts and in the electronic protective letter register
  • Representation before the court with respect to questions of law concerning unfair competition

Expert opinions

Green Light for your Innovations.

Opinions with respect to patentability
Opinions with respect to the scope of protection