German IP & trademark law

IP & Trademark Registration

IP & trademark registration

Germany is the leading legal venue for patent matters worldwide. Both the German Patent Office (Deutsches Patentamt) and the European Patent Office have their headquarters in the city of Munich.Therefore, it is in Germany that patent decisions are made for applicants throughout Europe. In the event of litigation before a German court regarding patent infringements, German procedural law fosters particularly swift, cost-effective and competent proceedings. This is also due to the fact that, in Germany, the Federal Patent Court (Bundespatentgericht) has exclusive jurisdiction on decisions concerning the revocation of a patent.

In contrast, other courts involved in patent cases are, as a rule, required to proceed on the assumption that the decision of the competent patent office to grant the relevant patent was accurate.Patent holders can obtain a judgment against the infringing party, either for injunctive relief or damages,within nine to twelve months. This „pro-plaintiff“ rule and its handling attract a large number of foreign plaintiffs. The costs of patent proceedings in Germany are limited.Depending on the value in dispute, which is subject to a maximum limit of 30 million euros, legal costs are reimbursable. It should be noted that German courts exercise great restraint when itcomes to fixing the value of the matter in dispute.

René Udwari

Attorney-at-Law
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Copyright Counselhouse 2017
*Copyright Counselhouse 2017. Counselhouse is a legal service provider. All legal advisory services offered on this website are provided by René Udwari & her team. René Udwari is a registered business lawyer in Germany.