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.

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.

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.

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.

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 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.

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.

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.

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.