Law / Legislation

Inventions, know-how, and trademarks are important company values. They are protected by industrial property rights including the patent, the utility patent, the trademark, the design patent.

Furthermore, the copyright provides a comparable protection.

These property rights have in common that the right to use them belongs exclusively to their holder. Without consent the protected symbols and products may not be used by others.
Because of this, the holder of rights is entitled to civil claims in case of product and trademark counterfeiting as well as to the initiation of customs and penal proceedings.

In general IPR´s are only valid in single countries. However, it is also possible to obtain protection on the European and international level (see also Overview of the Intellectual Property Rights, German Patent and Trademark Office, www.dpma.de).

Because of these rights the owner is entitled to various civil claims in case of product and trademark counterfeiting as well as to the initiation of custom or penal proceedings.

The intellectual property rights are codified in several special acts as the Trademark or Patent Act.

Overview Intellectual Property Rights »

Legal texts »

What is "Product and Trademark Piracy?"

Product- and trademark piracy can be defined as infringement of intellectual property, i.e. of an intellectual property right (trademark or trade name, industrial design or model, patent, utility model and geographical indication), of a copyright or a neighbouring right (the rights of performing artists, the rights of producers of sound recordings, the rights of the producers of the first fixation of films, the rights of broadcasting organisations), or of the "sui generis" right of the maker of a database (European Commission Green Paper COM (98)569)