Recognisable brands and logos are the flagships of every profitable company. If the company uses the latest technologies to market its products, efficient protection of intellectual property against product and brand piracy becomes an indispensable prerequisite for lasting success. Given the immense legal complexity and the continuous development of IP law, this task requires appropriate expertise and experience.
To ensure that you or your company can always keep pace in this respect, the German law firm Schlun & Elseven Rechtsanwälte offers comprehensive legal advice – on industrial property rights, such as trademarks and patents, and designs and plant variety rights. Our experts always guarantee top expertise in industrial property law (including competition, advertising, copyright, press and media law) – regardless of the industry in which you operate.
In the event of infringement, we will act as your legal representation to ensure that your interests as an author or right holder are always protected. Furthermore, we help you develop and implement preventive IP concepts, thanks to which your IP portfolio is safeguarded. Having represented many start-up entrepreneurs, photographers, actors, authors, film and music producers, artists and bloggers, our German lawyers have extensive experience and can provide you with the best possible advice.
Licence Agreements & IP Contracts: Drafting and Review
Contract law is closely correlated to IP law in Germany, as many business agreements and transfers involve forms of intellectual property. When drafting contracts related to IP law, IP aspects must be carefully considered to protect the interests of the contracting parties. Expert contract law advice is a top priority. Using standard contracts not reviewed or drafted by experienced contract law lawyers can lead to incompleteness that only covers some eventualities. This can leave your business vulnerable to legal conflicts.
Especially in the transfer of rights of use and exploitation (licence agreement), a concrete designation of the rights transferred in each case is crucial – both for the author and the new right holder. Significant legal differences already result from the alternative granting an exclusive or non-exclusive use right. Spatial and temporal restrictions must also be precisely included in the licence agreement.
IP Due Diligence in Mergers & Acquisition Transactions
Due diligence is an essential element in mergers and acquisitions of companies. In this process, the respective company is comprehensively analysed and evaluated regarding all IP rights. The analysis of the IP assets of the target company is decisive for the overall valuation of the company’s value. However, IP due diligence should be carried out by more than just the buyer. The seller should also have such a review in preparation for the transaction. The value of a company’s intellectual property is often one of its most important assets, which is why it is crucial to determine it in advance of complex negotiations. Such steps ensure smooth dealings with potential buyers.
Our due diligence services help avoid costly litigation in two ways: First, they allow us to determine whether other companies may be infringing your intellectual property rights, and second, they prevent your company from unknowingly infringing the rights of others.