Germany: Intellectual Property

Germany's highest civil court has ruled that an unlicensed sample from Kraftwerk's 1977 track "Metall auf Metall" used in a hip hop song qualifies as lawful pastiche under EU copyright law. This landmark decision, concluding a nearly 30-year legal dispute, establishes new parameters for when sampling can constitute creative engagement rather than mere copying, though it stops short of providing blanket protection for all unauthorized samples.

The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under copyright law. The decision examines whether a two-second rhythm sequence from Kraftwerk's 1977 recording, used repeatedly in a 1997 song, constitutes permissible artistic dialogue or copyright infringement.

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.

When a licensor becomes insolvent, licensees face the risk of losing business-critical IP rights as insolvency administrators can elect to terminate ongoing license agreements. This article examines practical protective measures including sublicenses, escrow arrangements, and security interests that can help safeguard licensee interests, while acknowledging their limitations and the strategic considerations necessary when structuring IP license agreements.

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.

An application for public access to the register must be filed in the language of the proceedings.

Under Art. 74(2) UPCA, appeals against revocation decisions have automatic suspensive effect, preserving patent status erga omnes, unlike the general rule in Art. 74(1) UPCA

Filing a declaration of non-infringement before patent grant raises a question of admissibility, not of UPC competence, under Art. 32(1)(b) UPCA

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