Intellectual Property Law in Germany
Expert-defined terms from the Professional Certificate in German HGB for International Business course at Stanmore School of Business. Free to read, free to share, paired with a globally recognised certification pathway.
Absolute novelty means that an invention must be new and not obvious to o… #
Related terms include novelty, inventive step, and patentability. In the context of German Intellectual Property Law, absolute novelty is a crucial concept, as it ensures that only truly innovative and unique inventions are granted patent protection. For instance, if an invention is already known or publicly disclosed before the patent application is filed, it may not meet the requirement of absolute novelty.
Administrative law refers to the body of law that governs the administrat… #
In Germany, administrative law plays a significant role in Intellectual Property Law, as it deals with the procedures and regulations for granting and enforcing intellectual property rights. Related terms include public law, regulatory law, and government agencies. For example, the German Patent and Trade Mark Office (DPMA) is a government agency responsible for administering and regulating intellectual property rights in Germany.
Arbitration means a process of dispute resolution where a neutral third p… #
In the context of Intellectual Property Law in Germany, arbitration can be used to resolve disputes related to intellectual property rights, such as patent or trademark infringement. Related terms include alternative dispute resolution, mediation, and litigation. For instance, the German Arbitration Institute (DIS) provides arbitration services for resolving intellectual property disputes.
Assignment means the transfer of ownership of an intellectual property ri… #
In Germany, assignments must be in writing and signed by the parties involved. Related terms include transfer, license, and ownership. For example, a company may assign its patent rights to another company as part of a merger or acquisition.
Assignment agreement refers to a contract between two or more parties tha… #
In Germany, assignment agreements must comply with the requirements of the German Civil Code (BGB) and the German Intellectual Property Law. Related terms include contract, license agreement, and transfer agreement. For instance, an assignment agreement may include provisions for the payment of royalties or the sharing of profits.
Author's right means the exclusive right of an author to control the use… #
In Germany, author's rights are protected under the German Copyright Act (UrhG). Related terms include copyright, literary work, and artistic work. For example, an author may have the exclusive right to reproduce, distribute, and display their work.
Berne Convention refers to an international treaty that establishes a sys… #
Germany is a member of the Berne Convention, and it has implemented the treaty's provisions into its national copyright law. Related terms include international copyright law, copyright protection, and literary and artistic works. For instance, the Berne Convention provides for the automatic protection of copyrights in member countries.
BGB stands for the German Civil Code, which is a comprehensive code that… #
In the context of Intellectual Property Law, the BGB provides the framework for contracts and agreements related to intellectual property rights. Related terms include civil law, contract law, and property law. For example, the BGB governs the formation and validity of contracts, including those related to intellectual property rights.
Bundespatentgericht means the German Federal Patent Court, which is a spe… #
The Bundespatentgericht has jurisdiction over appeals from the German Patent and Trade Mark Office (DPMA) and can also hear cases related to patent and trademark infringement. Related terms include patent court, federal court, and intellectual property court. For instance, the Bundespatentgericht may hear cases related to the validity or infringement of patents or trademarks.
Cease and desist letter means a formal letter that demands that a party s… #
In Germany, cease and desist letters are often used to enforce intellectual property rights and can be a precursor to litigation. Related terms include infringement, enforcement, and litigation. For example, a company may send a cease and desist letter to a competitor that is infringing its patent rights.
Claim means a statement in a patent application that defines the scope of… #
In Germany, claims must be clear and concise and must comply with the requirements of the German Patent Act (PatG). Related terms include patent application, invention, and scope of protection. For instance, a claim may define the technical features of an invention and the scope of protection sought.
Community design means a design that is registered and protected under th… #
Community designs are valid in all EU member states, including Germany. Related terms include design protection, EU design, and registered design. For example, a company may register a community design for its product's appearance.
Community trademark means a trademark that is registered and protected un… #
Community trademarks are valid in all EU member states, including Germany. Related terms include trademark protection, EU trademark, and registered trademark. For instance, a company may register a community trademark for its brand name or logo.
Competition law refers to the body of law that regulates competition betw… #
In Germany, competition law is governed by the German Act against Unfair Competition (UWG) and the German Competition Act (GWB). Related terms include antitrust law, unfair competition, and monopoly law. For example, competition law may prohibit agreements between companies that restrict competition or limit market access.
Confidentiality agreement means a contract between two or more parties th… #
In Germany, confidentiality agreements are often used to protect sensitive information in business transactions, including those related to intellectual property rights. Related terms include non-disclosure agreement, trade secret, and business strategy. For instance, a company may require its employees to sign a confidentiality agreement to protect its trade secrets.
Copyright means the exclusive right to control the use and exploitation o… #
In Germany, copyrights are protected under the German Copyright Act (UrhG). Related terms include author's right, literary work, and artistic work.
Court of Appeal means a higher court that hears appeals from lower courts… #
In Germany, the Court of Appeal (Oberlandesgericht) hears appeals from the District Court (Landgericht) and can also hear cases related to patent and trademark infringement. Related terms include appellate court, higher court, and intellectual property court. For instance, the Court of Appeal may hear cases related to the validity or infringement of patents or trademarks.
Damages means a monetary award that is granted to a party that has suffer… #
In Germany, damages can be awarded in cases of patent or trademark infringement, and the amount of damages is determined by the court. Related terms include compensation, infringement, and litigation. For example, a company may be awarded damages for the unauthorized use of its patented invention.
Declaratory judgment means a court decision that declares the rights and… #
In Germany, declaratory judgments can be used to resolve disputes related to intellectual property rights, such as patent or trademark infringement. Related terms include declaratory action, judgment, and litigation. For instance, a company may seek a declaratory judgment to determine the validity of a patent or trademark.
Design law refers to the body of law that regulates the protection of des… #
In Germany, design law is governed by the German Design Act (DesignG) and the Community Design Regulation (CDR). Related terms include design protection, industrial design, and product design. For example, a company may register a design for its product's appearance to prevent others from copying it.
Design patent means a patent that protects the ornamental design of a pro… #
In Germany, design patents are granted by the German Patent and Trade Mark Office (DPMA) and are valid for a maximum of 25 years. For instance, a company may apply for a design patent to protect the appearance of its product.
DIS stands for the German Arbitration Institute, which is a non #
profit organization that provides arbitration services for resolving disputes, including those related to intellectual property rights. Related terms include arbitration, alternative dispute resolution, and mediation. For example, the DIS may provide arbitration services for resolving disputes related to patent or trademark infringement.
Domain name means a unique identifier for a website or online presence, s… #
In Germany, domain names are regulated by the German Domain Name Regulation (DNR) and can be protected as trademarks. Related terms include trademark, internet, and online presence. For example, a company may register its domain name as a trademark to prevent others from using a similar domain name.
DPMA stands for the German Patent and Trade Mark Office, which is the gov… #
Related terms include patent office, trademark office, and intellectual property office. For instance, the DPMA grants patents and trademarks and administers the German Intellectual Property Register.
EPO stands for the European Patent Office, which is the international org… #
Germany is a member of the EPO, and European patents are valid in Germany. Related terms include European patent, international patent, and patent cooperation treaty. For example, a company may apply for a European patent to protect its invention in multiple European countries.
European patent means a patent that is granted by the European Patent Off… #
European patents are governed by the European Patent Convention (EPC) and provide a unitary system of patent protection in Europe. Related terms include international patent, patent cooperation treaty, and European patent office. For instance, a company may apply for a European patent to protect its invention in multiple European countries.
Exhaustion of rights means the principle that the owner of an intellectua… #
In Germany, exhaustion of rights is governed by the German Intellectual Property Law and the EU Intellectual Property Law. Related terms include first sale doctrine, parallel import, and intellectual property right. For example, a company may not be able to control the resale of its products once they have been sold to a customer.
Federal Court of Justice means the highest court in Germany that hears ap… #
The Federal Court of Justice (Bundesgerichtshof) has the final say on matters of intellectual property law in Germany. Related terms include highest court, appellate court, and intellectual property court. For instance, the Federal Court of Justice may hear cases related to the validity or infringement of patents or trademarks.
Federal Patent Court means a specialized court that deals with patent and… #
The Federal Patent Court (Bundespatentgericht) has jurisdiction over patent and trademark cases and can also hear cases related to patent and trademark infringement. For example, the Federal Patent Court may hear cases related to the validity or infringement of patents or trademarks.
Gebrauchsmuster means a utility model, which is a type of intellectual pr… #
In Germany, utility models are governed by the German Utility Model Act (Gebrauchsmustergesetz) and provide a quicker and more cost-effective alternative to patent protection. Related terms include utility model, invention, and technical solution. For instance, a company may apply for a utility model to protect its functional innovation.
GWB stands for the German Competition Act, which is the law that regulate… #
Related terms include competition law, antitrust law, and monopoly law. For example, the GWB may prohibit agreements between companies that restrict competition or limit market access.
HGB stands for the German Commercial Code, which is the law that regulate… #
Related terms include commercial law, business law, and company law. For instance, the HGB governs the formation and operation of companies, including those that own or license intellectual property rights.
Infringement means the unauthorized use or exploitation of an intellectua… #
In Germany, infringement can result in civil liability, including damages and injunctive relief. Related terms include unauthorized use, intellectual property right, and litigation. For example, a company may infringe a patent by manufacturing and selling a product that uses the patented invention without permission.
Injunction means a court order that requires a party to stop engaging in… #
In Germany, injunctions can be granted in cases of patent or trademark infringement, and can be temporary or permanent. Related terms include court order, restraining order, and litigation. For instance, a company may be granted an injunction to stop a competitor from infringing its patent rights.
Innovative step means a requirement for patentability that an invention m… #
In Germany, innovative step is a crucial concept in patent law, as it ensures that only truly innovative and unique inventions are granted patent protection. Related terms include inventive step, novelty, and patentability. For example, an invention may not be considered innovative if it is an obvious modification of an existing technology.
Intellectual property means a broad term that encompasses various types o… #
In Germany, intellectual property rights are protected under various laws, including the German Patent Act (PatG), the German Trademark Act (MarkenG), and the German Copyright Act (UrhG). Related terms include intangible right, patent, trademark, copyright, and trade secret. For instance, a company may own intellectual property rights in its products, services, or brand.
Intellectual property law refers to the body of law that regulates the cr… #
In Germany, intellectual property law is governed by various laws, including the German Patent Act (PatG), the German Trademark Act (MarkenG), and the German Copyright Act (UrhG). Related terms include patent law, trademark law, copyright law, and trade secret law. For example, intellectual property law may govern the registration and enforcement of patents, trademarks, and copyrights.
Intellectual property right means a specific type of intangible right, su… #
In Germany, intellectual property rights can be registered and enforced, and provide exclusive rights to their owners. Related terms include patent, trademark, copyright, trade secret, and exclusive right.
International patent means a patent that is granted under an internationa… #
International patents provide a unitary system of patent protection and can be enforced in multiple countries. Related terms include patent cooperation treaty, European patent, and global patent. For example, a company may apply for an international patent to protect its invention in multiple countries.
Invention means a new and innovative technical solution or product that i… #
In Germany, inventions must meet certain requirements, including novelty, inventive step, and industrial applicability, to be eligible for patent protection. Related terms include novelty, inventive step, industrial applicability, and patentability. For instance, an invention may be a new product, process, or technical solution that provides a new benefit or advantage.
License means a contract between two or more parties that grants permissi… #
In Germany, licenses can be exclusive or non-exclusive and can be governed by the German Civil Code (BGB) and the German Intellectual Property Law. Related terms include contract, permission, payment, and consideration. For example, a company may grant a license to another company to use its patented invention in exchange for royalties.
License agreement means a contract between two or more parties that outli… #
In Germany, license agreements must comply with the requirements of the German Civil Code (BGB) and the German Intellectual Property Law. Related terms include contract, license, scope, payment terms, and duration. For instance, a license agreement may include provisions for the payment of royalties or the sharing of profits.
Litigation means a legal dispute or lawsuit that is brought before a cour… #
In Germany, litigation can result in civil liability, including damages and injunctive relief. Related terms include lawsuit, dispute, court, and intellectual property right. For example, a company may engage in litigation to enforce its patent rights or to defend against a claim of infringement.
MarkenG stands for the German Trademark Act, which is the law that regula… #
Related terms include trademark law, trademark registration, and trademark protection. For instance, the MarkenG governs the registration and enforcement of trademarks in Germany.
Mediation means a process of dispute resolution where a neutral third par… #
In Germany, mediation can be used to resolve disputes related to intellectual property rights, such as patent or trademark infringement. Related terms include alternative dispute resolution, arbitration, and negotiation. For example, mediation may be used to resolve a dispute between two companies over the use of a trademark.
Novelty means a requirement for patentability that an invention must be n… #
In Germany, novelty is a crucial concept in patent law, as it ensures that only truly innovative and unique inventions are granted patent protection. Related terms include inventive step, patentability, and absolute novelty. For instance, an invention may not be considered novel if it is already known or publicly disclosed.
Notice of opposition means a formal objection to the registration of a pa… #
In Germany, notices of opposition can be filed with the German Patent and Trade Mark Office (DPMA) and can be based on various grounds, including lack of novelty or inventive step. Related terms include opposition, patent opposition, trademark opposition, and third party. For example, a company may file a notice of opposition to a patent application if it believes that the invention is not novel or inventive.
Patent means a type of intellectual property right that protects inventio… #
In Germany, patents are governed by the German Patent Act (PatG) and provide exclusive rights to their owners. Related terms include invention, patentability, novelty, inventive step, and industrial applicability. For instance, a company may own a patent for its innovative product or process.
Patentability means the requirement that an invention must meet certain c… #
In Germany, patentability is a crucial concept in patent law, as it ensures that only truly innovative and unique inventions are granted patent protection. Related terms include novelty, inventive step, industrial applicability, and patent. For example, an invention may not be considered patentable if it is not novel or inventive.
Patent application means a formal request to the German Patent and Trade… #
In Germany, patent applications must meet certain requirements, including the submission of a detailed description of the invention and claims that define the scope of protection sought. Related terms include invention, patent, claims, and description. For instance, a company may file a patent application to protect its innovative product or process.
Patent cooperation treaty means an international treaty that provides a s… #
The Patent Cooperation Treaty (PCT) allows applicants to file a single patent application that can be used as a basis for filing patent applications in multiple countries. Related terms include international patent, European patent, and global patent. For example, a company may use the PCT to file a patent application that can be used in multiple countries.
Patent office means a government agency that is responsible for granting… #
In Germany, the patent office is responsible for examining patent applications and granting patents. Related terms include patent, patent application, and intellectual property office. For instance, the patent office may examine a patent application to determine whether the invention meets the requirements for patentability.
Patent opposition means a formal objection to the grant of a patent, whic… #
In Germany, patent oppositions can be filed with the German Patent and Trade Mark Office (DPMA) and can be based on various grounds, including lack of novelty or inventive step. Related terms include opposition, third party, and patent. For example, a company may file a patent opposition to a granted patent if it believes that the invention is not novel or inventive.
PatG stands for the German Patent Act, which is the law that regulates pa… #
Related terms include patent law, patent registration, and patent protection. For instance, the PatG governs the registration and enforcement of patents in Germany.
Prior art means existing technology or knowledge that is relevant to the… #
In Germany, prior art is considered when examining patent applications and can be used to determine whether an invention is novel and inventive. Related terms include novelty, inventive step, patentability, and existing technology. For example, prior art may include existing patents, publications, or public disclosures.
Priority means the right to claim priority for a patent application based… #
In Germany, priority can be claimed under the Paris Convention and the European Patent Convention (EPC). Related terms include patent application, provisional patent application, foreign patent application, and priority claim. For instance, a company may claim priority for a patent application based on an earlier provisional patent application.
Product design means the appearance of a product, including its shape, co… #
In Germany, product designs can be protected under design law, including the German Design Act (DesignG) and the Community Design Regulation (CDR). Related terms include design protection, industrial design, and product appearance.
Registered design means a design that is registered and protected under d… #
Registered designs provide exclusive rights to their owners and can be enforced against infringers. For instance, a company may register a design for its product's appearance to prevent others from copying it.
Registered trademark means a trademark that is registered and protected u… #
Registered trademarks provide exclusive rights to their owners and can be enforced against infringers. Related terms include trademark protection, trademark registration, and brand protection. For example, a company may register a trademark for its brand name or logo to prevent others from using similar marks.
Registration means the process of registering an intellectual property ri… #
In Germany, registration is a crucial step in obtaining protection for intellectual property rights. Related terms include patent registration, trademark registration, design registration, and intellectual property office. For instance, a company may register its patent or trademark to obtain exclusive rights.
Renewal means the process of renewing the term of an intellectual propert… #
In Germany, renewal is a crucial step in maintaining protection for intellectual property rights. Related terms include patent renewal, trademark renewal, design renewal, and intellectual property right. For example, a company may renew its patent or trademark to maintain exclusive rights.
Restraining order means a court order that requires a party to stop engag… #
In Germany, restraining orders can be granted in cases of patent or trademark infringement, and can be temporary or permanent. Related terms include injunction, court order, and litigation. For instance, a company may be granted a restraining order to stop a competitor from infringing its patent rights.
Search report means a document that provides information on the prior art… #
In Germany, search reports are prepared by the German Patent and Trade Mark Office (DPMA) and can be used to assess the novelty and inventive step of an invention. Related terms include patent application, prior art, novelty, and inventive step. For example, a search report may include information on existing patents or publications that are relevant to the patent application.
Settlement means a agreement between two or more parties to resolve a dis… #
In Germany, settlements can be negotiated between parties and can include provisions for payment, licensing, or other forms of compensation. Related terms include dispute resolution, negotiation, agreement, and compensation. For instance, a company may negotiate a settlement with a competitor to resolve a dispute over patent infringement.
Trade secret means confidential and valuable information that is not publ… #
In Germany, trade secrets are protected under the German Trade Secrets Act (GeschGehG) and can be enforced against unauthorized use or disclosure. Related terms include confidential information, business secret, and industrial secret. For example, a company may protect its trade secrets by requiring employees to sign confidentiality agreements.
Trademark means a type of intellectual property right that protects disti… #
In Germany, trademarks are governed by the German Trademark Act (MarkenG) and provide exclusive rights to their owners. Related terms include brand protection, trademark registration, trademark protection, and distinctive sign. For instance, a company may register a trademark for its brand name or logo to prevent others from using similar marks.
UrhG stands for the German Copyright Act, which is the law that regulates… #
Related terms include copyright law, literary work, artistic work, and author's right. For example, the UrhG governs the protection and enforcement of copyrights in Germany.
Utility model means a type of intellectual property right that protects f… #
Related terms include invention, technical solution, functional innovation, and patent protection.
UWG stands for the German Act against Unfair Competition, which is the la… #
Related terms include unfair competition law, antitrust law, monopoly law, and intellectual property right. For example, the UWG may prohibit unfair business practices, such as deceptive advertising or unauthorized use of intellectual property rights.
Validity means the requirement that an intellectual property right, such… #
In Germany, validity is a crucial concept in intellectual property law, as it ensures that only valid and enforceable intellectual property rights are protected. Related terms include patent validity, trademark validity, novelty, inventive step, and distinctiveness. For instance, a patent may be invalid if it does not meet the requirements of novelty or inventive step.