Germany: Licensing & Syndication

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

Risks For The Licensee In The Event Of The Licensor's Insolvency

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.

MB

Mayer Brown

LD Hamburg, August 24, 2026, Decision On Infringement Action With Counterclaim For Revocation, UPC_CFI_495/2025 And UPC_CFI_494/2025

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.

BP

Bardehle Pagenberg

German Utility Models: IP Protection Within Weeks (2026) (Video)

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.

BP

Bardehle Pagenberg

LD Munich, December 12, 2025, Order On Security For Costs, UPC_CFI_525/2025

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...

BP

Bardehle Pagenberg

EU Commission Signs-off On ESG Related Competitor Collaboration

Germany Anti-trust

JD

Jones Day

Analysis Of Injunction Rules In Key IP Jurisdictions (Part III): Strategies For Chinese Companies Facing Germany's Rising Injunction Risks

Purplevine IP

IP Quick Tip: How To Implement The UPC's Approach To FRAND In Practice (2025) (Video)

BP

Bardehle Pagenberg

Lizenzverträge – Was muss beachtet werden?

OP

Oppenhoff

The Draft EU SEP Regulation – A Practitioner's Critical View

BB

Bird & Bird

Application Of The FRAND Objection Following The FCJ Judgments FRAND-Einwand And FRAND-Einwand II, Düsseldorf District Court, Judgments Dated May 11, 2021 – Docket Nos. 4b O 83/19, 4b O 23/20, And 4b O 49/20

BP

Bardehle Pagenberg

Server-based Fonts To Solve Licensing Issues: Non-technical

BP

Bardehle Pagenberg

German Federal Court Of Justice FRAND Judgment In Sisvel v. Haier

European Union IP

CG

Cleary Gottlieb Steen & Hamilton LLP

IT TAKES TWO TO TANGO: The German Federal Supreme Court Acknowledges That Infringer Hold-Out Is A Real Problem

M

Mintz

German Competition Authority Files Amicus Brief In SEP Litigation

European Union IP

MW

McDermott Will & Emery

Carbon Capture, Use And Storage Under The EU ETS, The Proposed EU ETS Revision And CBAM

European Union Environment

AO

A&O Shearman

Dissent Channel: Will German Chancellor Friedrich Merz Resign?

Germany Government

S

Steptoe LLP

Group Law—The Group’s Interest And Its Legitimacy In Contractual And De Facto Groups

Germany Commercial

PL

PwC Legal Germany

Insurance Union’s Missing Third Pillar: Can The EU Passport Insurance Without Passporting Policyholder Protection?

European Union Insurance

PL

PwC Legal Germany

24-hour Reporting Deadline Under The EU Cyber Resilience Act Now In Effect

Germany Media & IT

SR

McDermott Will & Schulte

Court Of Appeals Berlin Decides On The Obligation To Provide Technical Protection Against Framing

In a judgment of 18 June 2018, case 24 U 146/17, the Berlin Court of Appeals (Kammergericht Berlin – Court of Appeals)

RS

Reed Smith (Worldwide)

Limited German Tax Deductibility Of Low-Taxed License Payments Made To Related US Entities

Pursuant to the "license barrier" rule in Sec. 4j German Income Tax Act, newly introduced as of 1 January 2018, arm's length business expenses ...

MB

Mayer Brown

FRAND Licensing In Germany – The Recent Düsseldorf Decision

The findings from the recent Higher Regional Court of Düsseldorf decision Mobiles Kommunikationssystem have established a new framework ...

RS

Reed Smith (Worldwide)

Düsseldorf Regional Court Sharpens Its Notion Of The FRAND-Obligations Of SEP-Proprietor And SEP-User

In a judgment dated 31 March 2016 the Düsseldorf Regional Court (docket number 4a O 73/14), granted Saint Lawrence Communications ("SLC") an injunction against Vodafone to restrain the offering/selling of smartphones.

TW

Taylor Wessing

Mannheim Regional Court Rejects FRAND Defence In Its First Ruling On The Issue Following The CJEU Ruling In Huawei v ZTE

TW

Taylor Wessing

Mannheim Regional Court Differs From Higher Regional Court Of Duesseldorf On Requirements For FRAND Offer

TW

Taylor Wessing

The Use Of Images Or Names Of Public Figures In Advertising Without Their Consent

Germany Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

Higher Regional Court Karlsruhe Rules On The Enforcement Of An Injunction Against A Potential Infringer Of A Standard Essential Patent

VB

Van Bael & Bellis

EU Antitrust Law: European Commission Adopts Revised Regime For Licenses And Other Technology Transfer Agreements

European Union Anti-trust

MB

Meissner Bolte & Partner

Two Interesting German Decisions On Internet Law

JD

Jones Day

Licensing, Up To Exhaustion

Germany Media & IT

PB

Preu Bohlig & Partner

Open Source Software: Hidden Risk In Mergers And Acquisitions

Germany Media & IT

OP

Oppenhoff

Google gets Thumbs up From German Court to use Small Picture Previews

MA

Matthew Arnold & Baldwin

Do You Need To Pay For Saying "DAX"?

AO

Allen & Overy

Licensing, Up To Exhaustion

Software can be sold in the widest variety of formats, for example based on a data carrier, by transfer of a master copy on a data carrier, by online download, in OEM models or for online use (cloud computing, ASP, etc.).

Germany Media & IT

PB

Preu Bohlig & Partner

Open Source Software: Hidden Risk In Mergers And Acquisitions

With ever greater frequency open source software is becoming a topic at corporate acquisitions, and not only where the sale or acquisition of software enterprises is concerned.

Germany Media & IT

OP

Oppenhoff

Google gets Thumbs up From German Court to use Small Picture Previews

The German Federal Supreme Court has ruled that Google could use and display a thumbnail preview of a picture taken from an artist’s web site, because she had not sent a signal to say that she objected to this.

MA

Matthew Arnold & Baldwin

Do You Need To Pay For Saying "DAX"?

A bank is entitled to use the name "DAX®" to communicate that its financial instrument is linked to the rate of the DAX.

AO

Allen & Overy

Reform of European Pharmaceutical Legislation

Germany Healthcare

MB

Mayer Brown

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Latest Videos

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German Utility Models: IP Protection Within Weeks (2026) (Video)

BP

Bardehle Pagenberg

#Cyprus #Brokers #License & #Compliance #Services By #CYAUSE #icara #correp #stp #marketmakers #pii (Video)

CA

CYAUSE Audit Services Ltd

IP Quick Tip: How To Implement The UPC's Approach To FRAND In Practice (2025) (Video)

BP

Bardehle Pagenberg

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