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...

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...

The European Commission has issued its first-ever informal approvals of two separate sustainability initiatives among rivals under its revised Informal Guidance Notice and provided guidance on how the companies...

The Unified Patent Court's Court of Appeal examines the scope of a defendant's obligations under an injunction order, specifically addressing whether geo-blocking purchase functions alone satisfies compliance requirements when third-party platforms continue to market prohibited products.

The Unified Patent Court's Court of Appeal issued a significant ruling on evidence production requests in appeal proceedings involving Network System Technologies LLC and Qualcomm entities. This case addresses procedural matters under Rule 190 of the Rules of Procedure concerning three European patents related to telecommunications technology.

A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.

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

Confidentiality orders are not limited to trade secrets, they cover any information requiring confidentiality, balanced against the parties’ competing interests