Germany: Intellectual Property

On 20 February 2025, the German Federal Supreme Court (BGH) delivered a landmark ruling in a case concerning the copyright protection of Birkenstock sandals.

Heads up, copyright lovers: Finally, the Federal Court of Justice in Germany rendered its decisions on the question: Are these shoes copyright-protected? These decisions...

The inventor acquires a right in a confidentially materialized teaching of a technical nature when such teaching was made the subject matter...

The UPC has recently issued its first two decisions on FRAND, setting important guidelines for SEP owners and implementers.

Marken, Urheberrechte, Patente, Know-how – „IP-Rechte" aller Art sind wichtige wirtschaftliche Güter. Sollen sie nicht nur selbst genutzt, sondern auch durch Dritte...

The EU has embarked on a mission. A mission to reduce transaction costs in Standard Essential Patents ("SEP") licensing and litigation.

In its final judgment dated March 20, 2025, the Higher Regional Court of Munich commented for the first time on the FRAND objection in a decision in principal proceedings.

The General Court has upheld a EUIPO Board of Appeal decision invalidating an EU figurative trade mark featuring the letters "MK" and the words "MICHAEL MICHELE" (shown below on the left)...

Since the distinguishing features were considered non-technical, the EPO refused to grant a patent.

The German Federal Supreme Court has ruled that Google could use and display a thumbnail preview of a picture taken from an artist’s web site, because she had not sent a signal to say that she objected to this.

On 1 September 2008, the Enforcement Act ("Act") will enter into force in Germany. The most important innovations introduced by the Act are an extended right of information, a right to obtain disclosure of i.a. documents in the control of the alleged infringer of an intellectual property right, a right to recall infringing products from the channels of commerce and aright to publication of judicial decisions.

A German publisher has failed in its first attempt to stop Google scanning its books and publishing excerpts from them on the internet.