Germany: Intellectual Property

In a major decision dated December 19, 2025 (R 2248/2019-G), the Grand Board of Appeal of the EUIPO ruled that the word mark “GEORGE ORWELL” cannot be registered as an EU trade mark (EUTM) for goods and services such as books, films, recorded media, and entertainment, cultural, and educational services. The decision provides important clarification on the registrability of famous persons’ names in cases where such names may be perceived by the relevant public as describing the content or subject matter of the goods and services concerned, rather than their commercial origin.

On April 14, 2026, the Court of Justice of the European Union (CJEU) issued a landmark ruling in Case C-590/23 (Pelham II), clarifying the scope of the “pastiche” exception under Article 5(3)(k)...

Am 14. April 2026 hat der Gerichtshof der Europäischen Union (EuGH) in der Rechtssache C‑590/23 (Pelham II) eine grundlegende Entscheidung erlassen und den Anwendungsbereich der Ausnahme für die...

The Munich Local Division of the Unified Patent Court issued two significant decisions addressing patent exhaustion and FRAND licensing in standard-essential patent disputes. These rulings clarify when upstream licenses to software suppliers exhaust patent rights for downstream products and establish important precedents for SEP enforcement in the telecommunications industry.

German utility models offer a unique pathway to intellectual property protection, providing registration within weeks rather than the years typically required for patent approval. This expedited process presents strategic advantages for innovators seeking rapid market protection in Germany's robust IP framework.

Security for costs application against a claimant company established in Taiwan can be accepted as the facts provided in the case indicate that enforcing a cost decision in Taiwan...

A European Patent Office Technical Board of Appeal decision examines whether incorporating energy costs into blow molder input parameters constitutes an inventive step over prior art that considered energy efficiency. The central dispute revolves around whether "energy costs" encompasses energy consumption or is limited to monetary costs, and whether a claim broad enough to produce results indistinguishable from prior art can satisfy inventive step requirements.

This case examines the liability of an EU Authorized Representative under the Medical Device Regulation as an intermediary in patent infringement proceedings, even when they are not direct infringers. The court addresses critical procedural questions including deemed acceptance of jurisdiction, the consequences of non-attendance at oral hearings, and the discretion to refuse stays despite pending CJEU referrals.

The Düsseldorf Local Division partially upheld a patent relating to multimedia content sharing in peer-to-peer configurations and found indirect infringement by Disney's streaming service. The decision addresses critical issues of claim construction, patent validity, and procedural aspects while applying established UPC case law on inventive step testing.

Intellectual property in the defence sector operates under a unique regulatory framework where innovation must be balanced against national security concerns. How can companies effectively protect...

Market data from providers requiring confidentiality qualifies as confidential information under R. 262.2, R. 262A.1 RoP and Art. 58 UPCA, extending beyond trade secrets per Art. 39(2) TRIPS

Germany's Federal Cabinet has approved a draft bill modernizing the country's product liability framework for the first time since 1989, expanding liability to cover software and AI systems while introducing new evidentiary rules that shift the burden of proof toward manufacturers. The reform extends potential liability to a broader range of economic operators, including online marketplace providers and fulfillment service providers, while establishing extensive disclosure obligations for defendants in prod