Intellectual Property Litigation in Germany

German Intellectual Property Lawyers

Intellectual Property Litigation in Germany

German Intellectual Property Lawyers

As companies put their time, effort and financial resources into developing, testing and researching their intellectual property, it is vital that they are protected. If infringers of copyright are discovered, it is essential that companies are prepared to take IP litigation against them. At Schlun & Elseven Rechtsanwälte, we guide companies in such cases, and advise them regarding suitable options and strategies they can pursue.

We also defend those accused of copyright, patent and trademark infringements.

If you require the assistance of a full-service law firm in the area of IP litigation, please do not hesitate to contact our law firm directly to benefit from our expertise.

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Copyright Infringements and Litigation

At Schlun & Elseven Rechtsanwälte, our copyright litigation attorneys represent our clients in a wide array of copyright law matters. Our lawyers have advised clients on issues relating to specific rights regarding copyright infringement and have pressed the claims of our clients where they have found their copyright to have been infringed. Furthermore, we defend those accused of copyright infringement and ensure they are aware of their rights and legal defences under German law.

For clients who have had their copyright rights infringed, our team advises them regarding starting actions they can take, such as warning letters and entitlement enquiries. Following these actions, our lawyers also press for injunctive relief, claims for removal and compensation for damages. Often, we aim to resolve disputes through negotiation and arbitration; however, it is not uncommon for cases to reach the courtroom, and our lawyers are also prepared for such cases.

Our lawyers will advise you regarding what to expect in German intellectual property litigation and how best to prepare for the case. By consulting with our team early in the process, we can work closely with you to create the most suitable strategy for your situation. We have worked with copyright clients across many industries in Germany, including software development, entertainment, advertising and the entertainment industry.

Patent Infringement and Litigation

In the area of patent litigation, our lawyers start their case by performing detailed analysis of the matter and examine the details closely. We ensure that our clients are fully aware of their rights under German intellectual property law, and outline what they can expect under German law. Resolving conflicts in a time-efficient and financially suitable manner is often the preferred means, and our team seeks this solution where possible.Often, court cases and financial remedies are not the preferred course, and injunctions can achieve our client’s goals. We ensure that they are fully aware of their options throughout the case.

Throughout our brief, our lawyers carefully develop the legal strategy, and outline the risks and benefits of particular courses of action. As elements of cases develop, our team consider them and react or proactively move forward according the situation. We have worked with those accused of breaching IP law and those looking to protect their rights, and can therefore provide clear insights as to what to expect from the other side.

Trademark Litigation and Defence

If another party infringes your registered trademark, it is strongly advised to consult with a legal professional. A trademark warning notice can deter the infringers and ensure they are aware their actions may breach German law. A further step that can be taken is to seek an injunction regarding their actions. Our lawyers will advise you of the action you must take to utilise such an injunction. Should it be found that the trademark infringer is in breach of German law, they may be faced with the obligation to pay damages for their actions. Taking action can also ensure that they do not continue to breach your trademarks and deter others from trying to do so.

However, a solution such as a delimitation agreement whereby a civil law contract allows the coexistence of the respective trademarks can be a means to resolve a dispute without necessarily going to court. Such arrangements can come with financial compensation for the party suspected of breaching trademark law in the first place. Similarly, a trademark licence agreement can also be granted, allowing the other party to use the trademark in a limited and specified manner. There are advantages to this for all sides, but those with the trademark should consult with an IP expert beforehand to ensure that they are fully aware of what is involved with such contracts.

If a case does reach court, our lawyers are ready to prepare you for what to expect in German courts, advise you regarding trademarks under German law and generally oversee the case and give you the best possible service.

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