Legal Expertise
In addition to the possibility of protecting technical developments and trademarks, it is also possible to protect aesthetic designs.
The prerequisite for this is that this appearance is new and that it differs from other designs in its "individual character". However, an examination does not take place when the design protection is applied for and registered, but only in the course of a dispute. Therefore, it is crucial that future points of attack for challenges are already considered and ideally eliminated during the design application.
Our law firm advises you in assessing whether a design (formerly known as a design patent) is eligible for your products. Subsequently, we assist you with the application and registration.
Clients can rely on our knowledge of the differing international levels of protection. Even the application requirements differ from country to country. Thus, when drafting the application, the requirements for subsequent applications in the foreign country can already be taken into account.
Our patent attorneys and attorneys-at-law also have many years of experience in the evaluation of unfair product imitations under competition law and will represent you with their comprehensive know-how in the out-of-court and judicial enforcement of rights against competitors.
In addition to the protection of a new design, the German Unfair Competition Act (UWG) also offers the possibility of taking effective action against product imitations by competitors, quite independently of the existence of any designs, trademarks, or other property rights. Especially in the automotive industry, the imitation of replacement parts for repair is widespread, but the protection of so-called must-match parts varies due to differing repair clauses in national and EU designs.
It goes without saying that our attorneys take into account the different legal situations for EU designs (according to GGV) and national German designs (according to DesignG).
Justified claims are enforced by us quickly and effectively before the courts, also with the help of an interim injunction.
Our law firm has an international network and cooperates with renowned law firms around the globe. This enables us to protect designs securely, even internationally.
