Intellectual property law

Question 1

What kind of intellectual property exists in German intellectual property law?

Answer 1

Patent
Utility model
Design patent
Copyright
Business designation
Trademark

Question 2

What are absolute grounds for refusal (see § 8 MarkenG)?

Answer 2

1. Lack of distinctiveness (e.g. Diesel)
2. Designations which have become customary (e.g. Walkman)
3. Deceptive signs (e.g. Bull image for imitation leather)
4. Infringement of public policy and morality (e.g. Schlüpferstürmer)

Question 3

When is a trade mark infringed (see § 14 MarkenG)? Keyword: Likelihood of confusion

Answer 3

• When trade mark is identicial to the earlier trade mark for identical goods or services
• When trade mark is so similar that there is a likelihood of confusion for part of the public
• If reasonably demonstrated that there is a likelihood of association

Question 4

What claims does a trade mark owner have in case of trade mark infringement?

Answer 4

• Cease and desist claims
• Claims for damages or compensation
• Claims for destruction or delivery up of infringing goods
• Claims for infringer’s profit
• Possibly additional market confusion damage

Question 5

Granting of rights of use/licences - What are licences?

Answer 5

Licences are a contractual granting of rights of use

Not regulated in detail by law - rather individual specific laws and general contract law

Owner of the intellectual property retains the rights to the property

Question 6

Granting of rights of use/licences - Difference between simple and exclusive right of use?

Answer 6

Exclusive licence - Licence agreement according to which only the lecensee may use the licence

Simple licence - Licensor is authorised to issue several licences with the same content

Question 7

Granting of rights of use/licences - What are the advantages for the licensor/licensee?

Answer 7

Licensor:
- Increased revenue from licesing fees
- Access to new markets and distribution channels without establishing own production/distribution

Licensee:
Access to a proven and valuable intellectual property
- Legal protection
- Possibility to generate income with an established IP

Question 8

What is the patent act (PatentG) and which duration does a patent have?

Answer 8

Law protecting technical innovations (product or process) that is new, based on an inventive step and is commercially applicable.

Duration: 20 years

Question 9

What is the utility model act (GebrMG) and which duration does a utility model have?

Answer 9

Law protecting technical innovations (only products) that are new based on an inventive step and are commercially applicable.

Duration: 10 years

Question 10

What is the design act (DesignG) and which duration does a protected design have?

Answer 10

Law for the protection of designs, 2D or 3D representations or appearances of a product that is new and have an individual character

Duration: 25 years

Question 11

What is the copyright law (UrhG) and which duration does a copyright have?

Answer 11

Law protecting works of literature, science and art that constitute intellectual personal creations and have been announced

Duration: 70 years