German Lawyer for Intellectual Property Rights / IP Law

Legal Solutions Made in Germany

German Lawyer
for Intellectual Property Rights / IP Law

Legal Solutions Made in Germany

Intellectual property (IP) law protects creative and commercial rights over inventions, brands, artistic works, and proprietary business information. In Germany, IP protection covers copyright and related rights, trademarks (including service marks and geographical indications), industrial designs, patents, layout designs of integrated circuits, and trade secrets. While copyright arises automatically upon creation, other rights—such as trademarks, patents, and designs—require registration with the appropriate authorities to ensure legal protection.

At Schlun & Elseven Rechtsanwälte, we provide expert legal counsel on all aspects of German intellectual property law. Our experienced IP lawyers assist individuals, entrepreneurs, and businesses of all sizes in registering, enforcing, and defending their intellectual property rights. We also advise on competition law and media law, ensuring your rights are protected across industries.

If your IP rights are infringed, we will take swift and effective action to enforce your claims. We also assist in developing tailored IP strategies to safeguard your intellectual property portfolio in Germany. Our German IP law team regularly advises startups, creative professionals, authors, filmmakers, musicians, designers, and online content creators, providing industry-specific legal guidance.

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Our German IP Law Services

Expertise in Intellectual Property Law
Contract Drafting and Review
Related Legal Services

Drafting and Reviewing IP Agreements in Germany

German intellectual property law involves various contracts and agreements, including licence agreements, delimitation agreements, and cease-and-desist declarations. Each of these requires careful drafting to ensure clarity, enforceability, and legal protection.

The precise definition of usage and exploitation rights is critical in licence agreements. The distinction between exclusive and non-exclusive rights has significant legal implications, affecting how and by whom intellectual property can be used. Additionally, territorial and time limitations must be clearly outlined to avoid disputes.

Delimitation agreements are commonly used to prevent litigation by resolving conflicts between rights holders. These contracts clarify how each party can use their respective intellectual property, ensuring their rights can coexist without infringement. For example, in trademark law, a delimitation agreement may specify that a brand will not be used in connection with particular goods or services. Such agreements also establish consequences for violations, providing legal certainty for both parties.

Another essential contract in German IP law is the cease-and-desist declaration. Often issued in response to competition law warnings, this declaration ensures that a party refrains from engaging in the infringing activity in the future. Failing to comply with a cease-and-desist declaration can lead to substantial contractual penalties or further legal action.

IP Due Diligence in Mergers & Acquisition Transactions

In mergers and acquisitions, due diligence is a critical process that involves a thorough assessment of a company’s intellectual property rights. A comprehensive IP analysis plays a key role in determining the overall value of a target company, as intellectual property assets often constitute a significant portion of its worth. However, IP due diligence is not only essential for buyers—sellers should also conduct their own evaluations before entering negotiations. This proactive approach helps ensure a smooth transaction and reduces the risk of legal disputes over intellectual property ownership.

Our due diligence services provide legal certainty in two key ways. First, we assess whether any third parties may be infringing on your intellectual property rights, allowing you to take legal action if necessary. Second, we help ensure that your company does not unintentionally infringe on the rights of others, reducing the risk of costly litigation. By identifying potential risks and ensuring compliance with German IP law, we offer practical solutions for businesses engaged in corporate transactions.

Enforcement and Defence of Copyright Claims

Under German copyright law (§ 97 UrhG), the creator of a work has the exclusive right to reproduce, distribute, publicly display, and modify it. These rights allow the author to control how their work is used and to grant or transfer rights to third parties. If such rights are transferred, the new rights holder enjoys the same legal protections as the original author. To avoid disputes, it is essential that any transfer of copyright is precisely defined in legally binding agreements.

Unlike trademarks and patents, copyright protection arises automatically upon creation—registration is unnecessary. However, if a copyright infringement occurs, legal action can be taken to demand the removal of the infringement and claim damages from the violating party. Our lawyers assist clients in identifying, stopping, and preventing copyright infringements, ensuring that intellectual property rights remain fully protected.

Trademark Law | Trademark Registration and Monitoring

A strong trademark is a valuable business asset, conveying brand identity, building customer trust, and reinforcing market recognition. As a result, protecting a trademark is crucial to preserving its value. In Germany, trademarks that are distinctive and not easily confused with existing brands can be registered as word marks, figurative marks, three-dimensional designs, or even specific colours. This allows businesses to protect logos, slogans, product names, and corporate branding from unauthorised use.

Trademark protection can be obtained at various levels. Trademarks are registered with the German Patent and Trade Mark Office (DPMA), while businesses seeking broader protection can apply at the European Union Intellectual Property Office (EUIPO) or the World Intellectual Property Organization (WIPO) for EU-wide or international protection. Once a trademark is registered, ongoing monitoring is essential to detect and prevent potential infringements.

At Schlun & Elseven Rechtsanwälte, our IP lawyers provide comprehensive trademark services, from registration and monitoring to enforcement of trademark rights. We help clients prevent unauthorised use, take legal action against infringers, and defend against trademark violation claims. If your business is accused of infringing another party’s trademark, our legal team carefully examines the allegations and develops a tailored defence strategy to protect your interests.

Design Law | Protecting Product Designs

Registering a design or ornamental pattern safeguards a product’s appearance, preventing competitors from copying distinctive visual elements. As with trademark protection, design rights can be registered at the national or international level through the appropriate authorities.

Our IP lawyers assist with filing, registering, and updating design rights, ensuring that all necessary modifications are properly recorded. If design rights are infringed, whether by domestic or international competitors, we take swift and effective legal action to enforce your intellectual property rights.

    Media and Press Law | Reputation Protection

    Media and press law is an interdisciplinary field that involves elements of civil law, personal rights, and fundamental rights. In today’s digital landscape, companies and individuals—particularly those in politics, business, and public life—are increasingly exposed to defamation, misinformation, and online reputation risks.

    We offer comprehensive legal services in media and press law, including:

    • Advising on press freedom, freedom of expression, and online censorship
    • Removing fake accounts on social media platforms (e.g., X, Facebook, Instagram)
    • Challenging social media account suspensions (e.g., Amazon, Facebook)
    • Deleting defamatory reviews that harm business reputations
    • Issuing cease-and-desist letters, obtaining preliminary injunctions, and filing legal actions in cases of personality rights violations
    • Enforcing or defending claims for damages in media-related disputes

    We also provide strategic reputation protection for individuals and businesses facing harmful press coverage or defamatory content. False or damaging statements in the media may not only lead to civil liability but can also constitute criminal offences, such as defamation under German law. In serious cases, such offences can result in injunctive relief, financial compensation, or even criminal prosecution.

    Domain Law: Securing Naming and Labelling Rights

    A distinctive and recognisable domain name is more than just a website address—it serves as a valuable digital asset for businesses operating in Germany and internationally. In German law, domain rights are not regulated by a standalone legal framework but instead fall under naming, trademark, and competition law.

    A domain name’s economic and branding value is comparable to that of a trademark, making legal protection essential. One significant risk in domain law is cybersquatting, where individuals or entities register domain names identical or deceptively similar to established brands, company names, or even well-known personalities, with the intention of profiting from their recognition value.

    To protect domain rights, acting quickly in cybersquatting, unauthorised domain use, or disputes over domain registration and trading is crucial. Our legal team provides expert advice and enforcement strategies to safeguard your business, brand, and online identity under German and international law.

      Patent Law | Patents and Utility Models

      In Germany and the EU, patent protection ensures that innovative technologies, manufacturing processes, and new materials are shielded from unauthorized use. By securing a patent, businesses can establish a legal monopoly of use, preventing competitors from replicating their inventions.

      German law also allows utility models, often referred to as the “little brother” of patents, for smaller innovations or as a faster alternative to patents. While a patent provides protection for up to 20 years, a utility model is limited to 10 years but is granted much more quickly. This makes utility models a strategic option for businesses looking to protect their intellectual property (IP) while awaiting a full patent.

      Our firm provides comprehensive support in all areas of patent and utility model protection, including:

      • Filing and registration of patents and utility models
      • Defending against infringement claims
      • Challenging nullity and cancellation proceedings
      • Strategic patent enforcement and litigation

      Whether you are a technology-driven company, industrial manufacturer, or startup, our German IP lawyers ensure your innovations remain protected in the German and European markets.

      Antitrust and Competition Law

      Germany maintains strict regulations to ensure fair competition, governed by both unfair competition law (UWG) and antitrust law. The UWG protects businesses from unethical competitive practices, such as misleading advertising or unfair pricing tactics. Antitrust law, on the other hand, regulates market dominance abuses and prevents anti-competitive agreements such as price-fixing or cartels.

      Violations of competition law can result in:

      • Warnings and cease-and-desist orders
      • Preliminary injunctions
      • Claims for damages
      • Regulatory fines and legal proceedings

      Because unintentional violations can occur easily, ongoing legal advice is essential to mitigate risks and ensure compliance with German competition laws. We provide strategic legal guidance and representation in cases where businesses need to defend their rights or take action against unfair competition.

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      Practice Group: German Intellectual Property Law

      Practice Group:
      German Intellectual Property Law

      Contact our German Intellectual Property Lawyers

      Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.

      Locations & Office Times

      Mo – Fr: 09:00 – 19:00
      24h Contact: 0221 93295960
      Email: info@se-legal.de
      Appointments made by prior reservation only.

      Von-Coels-Str. 214
      52080 Aachen
      Tel: +49 241 4757140
      Fax: 0241 47571469

      Bayenthalgürtel 23
      50968 Cologne
      Tel: +49 221 93295960
      Fax: 0221 932959669

      Düsseldorfer Str. 70
      40545 Düsseldorf
      Tel: +49 211 882 84196
      Fax: 0221 932959669

      Locations & Office Times

      Mo – Fr: 09:00 – 19:00
      24h Contact: 0221 93295960
      Email: info@se-legal.de
      Appointments by prior reservation only.

      Conference Rooms

      Berlin 10785, Potsdamer Platz 10

      Frankfurt 60314, Hanauer Landstrasse 291 B

      Hamburg 20354, Neuer Wall 63

      München 80339, Theresienhöhe 28