Comprehensive protection of intellectual property
The protection of intellectual property is a crucial success factor for companies in an increasingly innovation-driven economy. Therefore, intellectual property or Intellectual Property (IP) should be consistently protected against third parties. Industrial property protection offers the necessary legal instruments that serve to secure technical inventions, brands, designs, and business identifiers. This may also include efficient litigation.
Intellectual property is a valuable asset for companies in many sectors. In the case of brand names or patents, protection rights should be registered in due time to avoid imitation by third parties and thereby prevent economic losses. A registered protection right not only gives the holder exclusive usage rights but also the possibility to issue warnings to third parties in case of infringements or to legally sue for cessation and damages, according to the law firm MTR Legal Rechtsanwälte, which advises, among other things, on industrial property protection.
Protection of patents, trademarks, designs, and trade secrets
Industrial property protection is a subfield of intellectual property law and specifically protects the economically exploitable aspects of intellectual achievements. These include:
- Patent protection: According to the Patent Act or Utility Model Act, technical inventions that are new, inventive, and commercially applicable can be protected as a patent or utility model.
- Trademark protection: By registering as a trademark, signs that are suitable for distinguishing a company’s goods or services from those of others can be protected. These include words, letters, numbers, images, colors, holograms, multimedia signs, sounds, or also the shape.
- Design protection: Designs, previously known as registered designs, can ensure a high recognition value for customers and be a sales argument. Therefore, design protection, which is the protection of the outer design of a product, its shape, color, and lines, is important for companies.
- Trade secret protection: With trade secret protection, there has been explicit protection for confidential know-how and business secrets since the Trade Secrets Act (GeschGehG) came into force in 2019.
With limitations, copyright also falls under industrial property protection.
Infringement of protection rights
It frequently happens that a protection right is violated, either intentionally or unintentionally. Typical infringements include, for example, the unauthorized use of a protected logo, the distribution of a product that infringes an existing patent, the unlawful adoption of a design in a new product line, or the use of a registered trademark. In such cases, the rights holder must act quickly from the out-of-court enforcement of their rights to conducting litigation, i.e., the enforcement of their rights in court. Legal steps can begin out of court, e.g., with a warning and declaration of cease and desist. If no agreement is reached, often only the route to a civil court remains. This can happen in urgent cases first by means of a preliminary injunction or through a lawsuit for prohibition, information, and damages.
To effectively enforce rights, it is advisable to systematically secure evidence, e.g., through test purchasing, screenshots, and documentation. A warning should be carefully formulated and the right type of lawsuit selected. Depending on the case, a parallel procedure at the German Patent and Trademark Office (DPMA), the European Patent Office (EPA), or the EUIPO might also be useful.
Know and consistently utilize protection rights
Industrial property protection is an important tool for securing intellectual property. Companies that know their protection rights, consistently utilize and, if necessary, enforce them in court, secure an important edge in the market and a competitive advantage. Litigation plays a central role in this. It is complex and requires specialized know-how. Often, technical matters need to be clarified, international aspects considered, or strategic decisions made.
When business know-how and insider knowledge become the subject of the proceedings, it may also be necessary to take sufficient confidentiality measures.
Whether it is the protection of registered protection rights or violations of competition law, MTR Legal Rechtsanwälte supports you in enforcing your rights. In close consultation with the client, the legal possibilities and approach are discussed to find the best path in each case.
MTR Legal Rechtsanwälte advises nationwide on industrial property protection and litigation.
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