What is Intellectual Property?
Intellectual property rights generally fall into four main areas: copyright, trademarks, design rights and patents. Just as the law protects ownership of personal property and real estate, it also protects the exclusive control of certain intangible assets, in this case intellectual property. Intellectual property laws were set up by the legislature to protect the legal and moral rights of creators.
As opposed to industrial property rights, the protection kicks in automatically once the work is created, and no special registration is needed. A work enjoys copyright protection when it is a person’s own intellectual creation and demonstrates a sufficient level of originality. The Urheberrechtsgesetz (the German Act on Copyright and Related Rights) codifies the assertion and enforcement of a creator’s (or right-holder’s) rights when dealing with non-entitled users.
Claims for injunctions and damages are of particular importance in this context. The creator can rely on many methods to assert their rights, which range from a warning made out of court to proceedings in the form of an application for an injunction or a substantive hearing.
Intellectual Property Due Dilligence
Knowing how to use your intellectual property is as important as their design. Therefore, our lawyers can provide detailed analysis as to the risks and opportunities available with your copyrights, trademarks and other intellectual property. This is particularly when debating whether to buy or sell intellectual property.
As a full-service law firm with many corporate clients, our lawyers are also involved with clients who purchase intellectual properties. This often occurs during mergers and acquisitions. During this time it is important to have an intellectual property lawyer available in order to perform a due dilligance analysis of the intellectual property you are in the process of purchasing. Contact our lawyers today with your concern in this area.
Intellectual Property Litigation
Creators, publishers and owners often require legal representation to protect their material. When trademark and copyright litigation becomes a business reality, secure your work with us. At Schlun & Elseven, we have a dedicated intellectual property team who work with corporate clients of various sizes in order to protect their copyright. Having worked hard to create your company and to have a brand identity, protecting your rights is crucial. Working with a German intellectual property lawyer is the surest way to achieve your goals in this field. However, not every case of intellectual property litigation is completely justified and it is not unusual for some businesses to pursue claims of breach of copyright where no such breach occurred.
Breaches of intellectual property law is deemed to exist for trademarked logos or emblems where they are not distinct from each other and where the public may be mislead. Essentially, the other company can be seen as using your business’ success to push forward their own brand. Resolving conflicts outside of court is preferable and with our intellectual property lawyers on your side we will look to achieve that. We issue warning letters for our clients and look for cost-effective means of achieving success where possible. However, should the case reach the courts, we will be by our clients’ side throughout the process.
Our lawyers have represented both sides of the conflict, meaning that we can advise you competently on potentially unjustified or exaggerated claims and copyright warnings. It is not uncommon for newer firms in an industry to receive such warning letters from bigger companies without full justification. Have you received a warning regarding a claim of breach of intellectual property? If so, it does not mean automatic defeat! Contact our intellectual property lawyers for further guidance! Simply make use of our free preliminary assessment via the online form and receive an individual risks/ benefits assessment. Once we have the full details of your case, our lawyers can provide expert analysis of what you should do next.
Expertise in Intellectual Property Law
We advise and represent clients, from all sectors, when it comes to the protection of intellectual property rights (texts, graphics, photos, films, music and software). Our services range to the enforcement of (both in- or out- of court), and defence against, copyright law claims for an injunction, damages, and the provision of information. We enforce copyrights on software, product appearances and databases and have developed particularly effective anti-piracy strategies. We have obtained numerous pre-judgment seizure orders against pirates of computer software, high-technology products, luxury goods, and celebrity merchandise.
However, we also represent consumers and businesses who have received a warning letter. Warnings for breaches of intellectual property law, if not appropriately reacted to, can quickly lead to drastic financial consequences. In order to prevent this, you should consult a specialized German intellectual property lawyer.
Below, you can find a list of our intellectual property law services:
- IP Licence Agreements
- Non-disclosure and confidentiality agreements
- Selling or buying intellectual property
- Design rights
- IP issues in the gaming industry