Resolve Intellectual Property Disputes in Germany
Resolve Intellectual Property Disputes in GermanyUpdated on Thursday 26th May 2016
Rate this article
based on 1 reviews.
based on 1 reviews.
Intellectual property is highly regulated in Germany, prescribing the ways in which specific areas comprising intellectual property (brands, copyrights, patents) are handled by the law, in terms of ownership, duration, distribution. At the same time, the German law provides the legal actions through which disputes arising in this field can be resolved. Our team of lawyers in Germany can provide legal advice on the most suitable way to resolve a specific intellectual property conflict.
Germany, a member of the WIPO
Those who are involved in a case of intellectual property dispute should know that Germany is a member of the World Intellectual Property Organisation (WIPO), thus including in its national law the rules and regulations provided by this body.
WIPO is allowed to provide solutions for various intellectual property (IP) disputes and to create policies related to the protection of this field.
Germany became a member of the WIPO in 1970 and, since then, it signed as a contracting party of many of the treaties established by WIPO; our team of German attorneys can offer more details on the provisions of the WIPO’s treaties.
Alternative dispute resolution in Germany
As a member of the WIPO, German persons or legal entities involved in intellectual property disputes can appeal to the alternative dispute resolution (ADR) methods provided by WIPO.
As a general rule, persons can appeal to mediation, arbitration and expert determination procedures; the procedures can be handled outside the court and they can cover disputes arising in a specific state or in cross border IP conflicts.
The above mentioned options can be completed if the parties involved in the case are interested in settling the conflict in an amicable manner. Mediation can be employed if the parties wish to settle the conflict in manner that would be favorable to both sides. Arbitration will enforce the decision of an arbitrator.
In the situation in which the parties can’t agree on the case, the dispute can be brought in front of a German court. Infringements of intellectual property in Germany are usually addressed to the criminal courts, as such actions are considered criminal offences, especially in the situation of piracy.
Persons who need further information on the ways in which intellectual property conflicts can be resolved in Germany can contact our team German law firm for legal assistance.