Interview with Dr. Matthias Hofmann and Dr. Jakob Valvoda in the Handelsblatt Supplement Rechtsguide 2025

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Artificial Intelligence in IP Law: Opportunities, Challenges and Legal Perspectives

In the newly published Smart Rechtsguide 2025, a supplement to the Handelsblatt dated 25 September 2025, BOEHMERT & BOEHMERT partners and patent attorneys Dr. Matthias Hofmann and Dr. Jakob Valvoda discuss the growing relevance of artificial intelligence (AI) in the field of intellectual property law.

The interview highlights how AI not only drives technical innovation but also raises new legal questions – for example, regarding the patentability of AI-generated inventions, the attribution of developer contributions, or the adaptation of existing IP rights to automated processes. The two experts outline how law firms and companies can strategically prepare for these developments to ensure legally sound and future-oriented protection of innovation.

Particular attention is given to the question of how existing legal frameworks can keep pace with the dynamic evolution of AI technologies. Physicist Dr. Matthias Hofmann and computer scientist Dr. Jakob Valvoda emphasize the importance of interdisciplinary legal advice that combines technological expertise with legal precision.

The full interview is available on page 5 of the Smart Rechtsguide 2025. The publication is in German and can be accessed online or downloaded as a PDF.

Dr. Daniel Herr­mann and Dr. Michael Rüberg analyze Germany’s IP frame­work in The Legal 500: IP Compara­tive Guide

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Legal Landscapes: Germany – Intellectual Property

In the latest country report “Legal Landscapes: Germany – Intellectual Property,” published as part of the renowned Comparative Guides by The Legal 500, patent attorney Dr. Daniel Herrmann and attorney at law Dr. Michael Rüberg of BOEHMERT & BOEHMERT provide a concise overview of recent developments and the current legal framework governing intellectual property in Germany. The article highlights the key areas of protection – including patents, trademarks, designs, and copyrights – and emphasizes Germany’s harmonized and efficient enforcement mechanisms.

Unitary Patent and UPC: New momentum for European patent protection

A central focus of the article is the introduction of the Unitary Patent and the Unified Patent Court (UPC) in 2023. These innovations mark a milestone in the cross-border enforcement of technical IP rights within Europe. Companies benefit from centralized filing and uniform enforcement across participating EU member states, offering significant advantages especially for internationally operating businesses.

Germany as a key jurisdiction for IP law and innovation

Germany’s national patent system remains attractive and highly relevant. Following a temporary decline during the pandemic, the number of patent filings is rising again—particularly in emerging technology sectors such as artificial intelligence. Specialized courts and efficient procedures continue to position Germany as one of the leading jurisdictions for IP litigation in Europe. The German IP framework is characterized by a close alignment between national law and EU regulations, ensuring a high level of legal certainty and innovation-friendliness. According to the authors, ongoing reforms are addressing current challenges such as digitalization and the use of AI, helping to future-proof the system.

The full article by Dr. Daniel Herrmann and Dr. Michael Rüberg is available in English as a PDF download and on The Legal 500 website.

About The Legal 500: Comparative Guide

The Comparative Guides have been an integral part of The Legal 500 since 2016 and now cover over 50 areas of law in more than 80 jurisdictions. They are considered a valuable tool for in-house counsel.

Patents and trade secrets as comple­men­tary protection mechanisms – article by Prof. Dr. Goddar and M. Müller as co-authors in Les Nouvelles 09/2025

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Protecting innovations through patents and trade secrets, international perspectives, generative AI as a challenge, and “trusted depository” as an innovative solution

In Volume VIII, No. 3, September 2025, of les Nouvelles, the magazine of the Licensing Executives Society International (LESI), BOEHMERT & BOEHMERT attorneys Prof. Dr. Heinz Goddar (patent attorney) and Melanie Müller (attorney at law) are co-authors of the article “Patents and trade secrets as complementary protection mechanisms.”
The article is based on a workshop conducted by the authors at the LESI Conference 2025 in Singapore. Other co-authors are, in alphabetical order, Peter Camesasca, DuckSoon Chang, Joo Sup Kim, Ralph Nack, Ichiro Nakatomi, and Jonathan Porath.

The article highlights the strategic combination of patents and trade secrets as complementary protection mechanisms for innovations. While patents grant exclusive rights of use for a limited period of time through disclosure, trade secrets offer potentially unlimited protection for confidential information – provided that secrecy is actively maintained. In practice, both instruments are often used together: patents protect the core technology, while know-how for implementation, optimization processes, or training data are treated as trade secrets.

In addition, the authors highlight different approaches in the European Union, Germany, Japan, and Korea, and identify the challenges posed by generative AI as a central issue. As an innovative solution, the authors propose a “trusted depository” for trade secrets – a trustworthy, blockchain-based system for the secure, tamper-proof storage of confidential information – but also discuss the legal risks that may be associated with its use.

In conclusion, the authors emphasize that trade secrets play an increasingly important role in protecting innovation, especially in areas where formal property rights do not apply. The combination of patents and secrecy represents an effective but complex protection model that brings with it new legal and strategic challenges. A trusted depository could help overcome these challenges while maintaining the balance between protection and competition.

Members of the Licensing Executives Society International (LESI) can download the full article here.

Dr. Florian Schwab in WTR Daily on case T-76/24 – no likelihood of confusion between PRESIDENT marks

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In the online magazine “World Trademark Review Daily”, BOEHMERT & BOEHMERT partner and attorney at law Dr. Florian Schwab sheds light on the decision of the General Court of the European Union (T-76/24) in the case Benschop v. EUIPO of June 4, 2025.

In long-running proceedings the General Court finally annulled the EUIPO Board of Appeal’s decision, rejecting the opposition against the EU figurative mark ALWAYS RUN 4PRESIDENT by Seven Bell Group’s earlier figurative mark PRESIDENT’S.

Despite the goods and services (including purses, clothing, advertising) being identical or similar, the court found no likelihood of confusion due to the low degree of visual, phonetic, and conceptual similarity between the marks. The court emphasized that the enhanced distinctiveness of the earlier mark was insufficient to offset these differences. Moreover, the common term “President” would be understood by the relevant public in the EU as being part of the basic English vocabulary and being perceived as laudatory for the relevant goods and services. According to the court, this would lead to the additional elements in the contested mark conveying a below average only conceptual similarity.

 

 

The detailed article by Dr. Schwab entitled “General Court annuls Board of Appeal decision in PRESIDENT dispute” was published on June 16, 2025 and is available online for registered users of WTR Daily here.

Presentation of the Chinese Open Licence System by Zichen Jia, Prof. Dr. Goddar and Melanie Müller in Les Novelles, June 2025

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In the June 2025 issue of the Journal of the Licencing Executives Society International, the authors Zichen Jia (attorney at law in China, TU Dresden) and BOEHMERT & BOEHMERT attorneys Prof. Dr. Heinz Goddar (patent attorney) and Melanie Müller (attorney at law) discuss the Open Licence System in Chinese patent law, which was introduced in 2021 with the fourth revision of the Patent Law of the People’s Republic of China.

The aim of the Chinese Open Licence System is to facilitate the voluntary licensing of patents and make innovations more widely accessible. The system has been in force nationwide since 2024, having previously been piloted in several provinces. By the end of 2023, over 59,000 patents and more than 3,200 patent holders had taken part.

In their article, the authors explain in detail the key points of the Chinese system in terms of
– Proposal and withdrawal of the Open License Declaration
– Open license fees and reduction or exemption of annual fees
– Alternative dispute resolution under the new system (mediation, legal action)

Finally, the authors compare the Chinese system with the German one. The main differences here are that in Germany, an open license declaration can be submitted before the patent is granted, with a halving of the renewal fees. In addition, the German Patent and Trademark Office (DPMA) can set the license fee in a binding manner in the event of a dispute, whereas in China the patent authority (CNIPA) only plays a mediating role.

Members of the Licencing Executives Society International, LESI for short, can download the full article here.

Dr. Julian Wernicke with article on the legal protection of non-conventional trade mark forms in markenartikel issue 5/2025

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In the magazine for brand management “markenartikel”, attorney at law Dr. Julian Wernicke explains the significance and protection of non-conventional trade mark forms such as sound, smell, haptics & taste, 3D shapes or colors.

Trade marks are generally understood to be word, image or, in combined form, word/image trade marks. Prominent examples are the word creation Lego or the Nike swoosh.
However, trade mark law also provides for the protection of sounds, smells or multimedia works. In this case, trade mark law refers to “non-conventional trade marks”.

In his article “Jingles, smells and video clips – legal protection of non-conventional trade mark forms” in the current issue 5/2025 of the trade magazine “markenartikel”, BOEHMERT & BOEHMERT attorney at law Dr. Julian Wernicke explains the process of protecting these non-conventional trade marks, emphasizes their importance in the context of marketing, gives tips and also addresses current official practice.

His conclusion is clear: The importance of unconventional trade marks is constantly increasing, which is why companies should consider the legal protection of sounds, colors, product shapes, video sequences and holograms in the future.

You can read the article by Dr. Julian Wernicke in issue 5/2025 of the trade journal “markenartikel”. The magazine in German can be ordered here for a fee.

Contribution by Prof. Dr. Heinz Goddar and attorney at law Melanie Müller in commemorative publi­cation for the 125th anniver­sary of the patent attorney profession

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In the commemorative publication for the 125th anniversary of the patent attorney profession, BOEHMERT & BOEHMERT partner and patent attorney Prof. Dr. Heinz Goddar, together with attorney at law Melanie Müller, contributed an article on the topic of complementary protection for innovations through patents and partial secrecy.

The article examines the role of the patent attorney as a link between technology and law, demonstrating how patents and secrecy can be combined to provide innovations with a higher level of protection. It addresses the challenges of the vaccine and tech era, discusses the patenting of AI systems and provides practical examples, such as the production of turbine blades using AI and 3D printing. Prof. Dr. Heinz Goddar and Melanie Müller suggest the creation of a trusted depository for trade secrets and data records, and emphasise that the profession and training for patent attorneys must continue to evolve.

The full article by the two attorneys from BOEHMERT & BOEHMERT can be found on pages 355–356 of Festschrift aus Anlass des 125-jährigen Bestehens des Patentanwaltsberufs, which was recently published by Carl Heymanns Verlag.

Dr. Alexander Thamer and Dr. Julian Wernicke on moral rights in election campaign events

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“No concert of wishes in election campaigns: moral rights in a political context” – essay by Dr. Alexander Thamer and Dr. Julian Wernicke in issue 4/2025 of ZUM

In the 04/2025 issue of the “Zeitschrift für Urheber- und Medienrecht” (Journal of Copyright and Media Law), ZUM for short, the BOEHMERT & BOEHMERT attorneys at law Dr. Alexander Thamer and Dr. Julian Wernicke deal with the use of popular music in political election campaigns – a tool that is often used due to its emotionalizing effect.
Most recently, for example, the Junge Union played “Zeit, dass sich was dreht” by Herbert Grönemeyer at the arrival of CDU chancellor candidate Friedrich Merz, which was reported on by LTO and others.

In recent years, musicians have increasingly invoked moral rights in order to enforce a court ban against certain uses in the political arena. Of particular interest here is the tension between this moral right and existing rights of use granted via collecting societies. The article classifies the case law to date and shows the limits of party-political music use.

Subscribers to beck online can access the article in German by Dr. Alexander Thamer and Dr. Julian Wernicke online here.

Law and Practice – Christoph Angerhausen, Dr. Herrmann and Dr. Rüberg write in Chambers Patent Litigation Guide 2025

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Recent developments in the legal framework and practical implementation in Germany

In the 2025 edition of the Chambers Patent Litigation Guide, the three BOEHMERT & BOEHMERT partners Christoph Angerhausen, Dr. Daniel Herrmann (both patent attorneys) and Dr. Michael Rüberg shed light on the extensive area of “Law and Practice Germany”. In ten comprehensive chapters, the authors deal with the latest developments in the legal framework and implementation in practice. This includes, for example, information on alternative dispute resolution, current cost developments and the licensing of IP rights.

The article by Christoph Angerhausen, Dr. Daniel Herrmann and Dr. Michael Rüberg is available online in English on the Chambers website.

Chambers and Partners is one of the world’s leading independent legal directories. In addition to detailed rankings for various practice areas, the company publishes practice guides such as the Patent Litigation Guide. The annual guide covers 24 jurisdictions and covers.

Dr. Oliver Tarvenkorn, Patent Attorney at BOEHMERT & BOEHMERT

“A plea for the utility model” – Article by Oliver Tarven­korn in Markt & Wirtschaft Westfalen 03/25

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In the March issue of the trade magazine, Oliver Tarvenkorn explains defensive IP strategies for small and medium-sized companies.

The utility model is generally regarded as the “little patent”. However, embedded in an appropriate strategy, utility models can be particularly interesting for SMEs. The costs and effort involved are low compared to patents and yet they are suitable for diversifying one’s own innovation approaches, creating a defensive position against third-party property rights and making it more difficult to build up third-party patent portfolios.

In his article “A plea for the utility model”, BOEHMERT & BOEHMERT patent attorney Oliver Tarvenkorn goes into the details of a modern IP strategy, accompanied by tactical instructions.

The article was published in German in the March issue of Markt & Wirtschaft Westfalen (Market & Economy Westfalen) and is available online here.