German Lawyer for Industrial Property Rights / IP Law

Legal Solutions Made in Germany

German Lawyer
for Industrial Property Rights / IP Law

Legal Solutions Made in Germany

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.

Enforcement and Defence of Copyright Claims

Copyright grants the respective author – the creator of a work – the exclusive right of reproduction, distribution, communication to the public and adaptation. The author may decide how and whether their work is used. If the respective author transfers their rights, or parts of their rights, to a third party, this rights holder is entitled to the same rights as the author initially had. This rights transfer should be as specific as possible to avoid legal disputes.

The enforcement of the claim to remove the copyright infringement under Section 97 I 1 Var 1 of the German Act on Copyright and Related Rights (UrhG) is particularly relevant for protecting one’s copyrights. This entitles the right holder to compensation for damages in the event of an infringement of their copyright. Our lawyers will prepare the corresponding claim for damages for you.

Working with copyright lawyers enables creative individuals and companies to protect their works from infringement by third parties. Especially in the case of innovative new creations, legal protection and comprehensive coverage are of particular importance.

Trademark law | Trademark Registration and Monitoring

Brands are crucial in the business world and can represent significant intangible value. The image of a product conveys the promise of quality to customers, strengthens trust and creates recognition value. Successful companies are often characterised by distinctive brands, which is why brands particularly need protection.

Above all, word and figurative signs, three-dimensional designs and colours are eligible for registration. This protects the company or product logo and individual advertising slogans. Intellectual property rights infringement occurs when logos or emblems protected under trademark law could be confused. In such cases, a company’s success can be exploited to promote its brand.

From the registration of your trademark at the DPMA, EUIPO and WIPO to the necessary search to ensure that already existing trademarks, work titles and company signs do not stand in the way of the registration of your trademark to the defence against infringements, our lawyers will support you. We regularly check whether competitors have registered other trademarks that affect your rights as the trademark owner. If there is a likelihood of confusion, we conduct opposition proceedings or file corresponding cancellation applications to prevent damage. We also enforce your claims by filing appropriate legal remedies (warning letters, preliminary injunctions, lawsuits and border seizures) if necessary.

If you or your company have been confronted with allegations of trademark infringement, our legal team will examine the allegations made and work out the best possible course of action according to the facts of the case.

Design Law

By applying for a design at the DPMA, the aesthetic design of your products or services is effectively protected against any form of product piracy. The standard novelty requirement must be met under the German Act on the Legal Protection of Designs (DesignG) for such a product to be eligible for protection.

In particular, the design research to prove the novelty of your design can be extremely extensive and time-consuming. In addition, your design must be examined for protectability and registrability. In addition to these steps, our lawyers will be pleased to file and register your design in the DPMA register or make necessary amendments/updates on your behalf. If you have experienced infringements by competitors and imitators from Germany or abroad, we will represent you so that your rights as the author or holder can be enforced quickly and effectively.

    Media and Press Law

    As a multidisciplinary law firm, we advise and represent companies and individuals from politics, business, and society in media and press law matters. Our main areas of practice include:

    • Comprehensive advice on the topics of freedom of the press, freedom of expression and censorship on the internet,
    • removal of fake accounts on social media (Twitter, Facebook, Instagram etc.),
    • advice and representation in account blocking cases (Amazon, Facebook),
    • deletion of reviews damaging to reputation,
    • warning letters, interim injunctions, legal action in case of infringement of personal rights,
    • enforcement or defence of claims for damages.

    We guarantee reliable reputation protection for persons or companies who fear damage to their reputation through press reports.

    Domain Law: Securing Naming and Labelling Rights

    Domain law regulates the framework conditions for the use of and trade in domains in Germany. A unique and easily remembered domain is not only the address of your website but also a valuable identification feature. Since domains often have a high economic value, warnings in this regard have become part of a lawyer’s daily routine. Especially in ” cybersquatting ” cases, it is essential to take legal action in good time. Whether in “cybersquatting” questions regarding registration, trade-in domains or infringements of rights through the unauthorised use of domains – Schlun & Elseven Rechtsanwälte offers you comprehensive legal assistance. We stand up for you so that your interests as a property right holder are always protected.

      Patent Law and Utility Models

      A patent enables you to protect costly and time-consuming manufacturing and working processes, novel substances and technical innovations from unauthorised use, thus giving you a monopoly on use. As the so-called little brother of the patent, you can also protect your invention as a utility model – in contrast to the patent, this protection is then limited to 10 years. However, applying for a patent can take some time, so you should consider whether a utility model offers more significant benefits.

      Patent law proceedings (such as registration, nullity, cancellation and infringement proceedings) are characterised by a high degree of legal complexity and not infrequently require special expertise to tap into the technology-based aspects properly. As a multidisciplinary law firm, we offer comprehensive support in obtaining and defending IP rights – regardless of whether you are a technology/industrial company or a private inventor. We advocate for you so that your rights and interests as an author or IP right holder are always protected.

        Competition Law

        Competition law is one of the pillars of our legal and economic system, as it defines the rules of the market and thus regulates market-based competition. Competition law is predominantly regulated by the German Act against Unfair Competition (UWG). The objective of the UWG is to protect competitors, consumers and other market participants from unfair business practices.

        This type of legal support advice is essential because of the risk of unconscious disregard for competition law requirements. This way, warnings, injunctions, claims for damages and (injunctive) relief can be avoided. But it also makes sense to already have a trusted legal advisor in case of infringements of your rights. Our lawyers will check your marketing strategy, internet presence, general terms and conditions and cancellation policy for their legality so that you are always legally secure. If you have received a warning letter, we will take the necessary legal countermeasures on your behalf (defence letter, protective letter, etc.). Our lawyers will take over the entire litigation and, if necessary, the negotiations with the other side to enforce your competition law claims against your competitors quickly and effectively. We ensure that your rights and interests are always protected.

        DMCA Takedown Notices: Legal Advice

        Although the Digital Millennium Copyright Act (DMCA) is a United States copyright act, the international nature of the internet means that it can impact people in Germany. For example, a DMCA takedown notice can affect those who use cloud storage services from the USA. DMCA takedown notices can work together with similar German provisions under § 97a Urhg (German Copyright Act). A DMCA takedown order can have serious consequences for both businesses and private individuals who have dealings in the USA and should not be ignored.

        Our legal team advises copyright holders and those who have been issued DMCA takedown notices. Our legal team will assess the alleged breach for copyright holders and outline whether they require a copyright infringement order. If such an order is justified, our lawyers offer effective anti-piracy strategies for our corporate clients and individuals.

        For those who have been issued a DMCA takedown notice, working with an intellectual property lawyer is critical to ensure the order has been issued correctly. All too often, those who have been issued such a notice do not take the step to challenge it, even where a challenge may be successful. Allow our team of legal experts to analyse your case and determine whether the DMCA Notice should be challenged.

        Schlun & Elseven Logo

        Practice Group: German Intellectual Property Law

        Practice Group:
        German Intellectual Property Law

        Aykut Elseven

        Lawyer | Managing Partner

        Florian Dördelmann

        Lawyer | Freelance

        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 telephone only.

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

        Kyffhäuserstr. 45
        50674 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 made by telephone only.

        Conference Rooms

        Berlin 10785, Potsdamer Platz 10

        Frankfurt 60314, Hanauer Landstrasse 291 B

        Hamburg 20354, Neuer Wall 63

        München 80339, Theresienhöhe 28