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From the land of the “Beetle smile” or on the protection of the famous shape in Germany

15. December 2022/in Issue December 2022 Copyright

The Porsche 911 decision of the Federal Court of Justice (I ZR 222/20) and Ur-Käfer decision of the Higher Regional Court of Braunschweig (2 U 47/19)

The Volkswagen Beetle and the Porsche 911 are indisputably among the great classics of automotive engineering. On March 10, the Higher Regional Court of Braunschweig ruled on the claims of the heiress after a body designer of the then Porsche Konstruktionen GmbH to the appearance of the original VW Beetle, from which she derived participation claims in the sales success of the VW New Beetle, which had been produced by VW in the years 1997 to 2010. Shortly afterwards, on April 7, the Federal Court of Justice pronounced its verdict in a dispute in which the same heiress had asserted similar claims relating to the Porsche 991 series of the Porsche 911 type from a comparable set of facts. The testator had died in 1966, so that the copyright protection period in both disputes would still run until 2036, if copyright protection existed for the respective designs. The Higher Regional Court of Braunschweig dismissed the action outright, while the Federal Court of Justice referred the case pending there back to the Court of Appeal for a new hearing.

Both cases involved a whole series of important copyright issues that may well also arise in the case of other iconic designs that have been perpetuated in constantly changing form, but still as part of a line of development over decades. From the abundance of legal problems that were dealt with here, three legal questions and one factual one are to be highlighted.

Is fame of the design sufficient for copyright protection?

In the case of famous and particularly long-lived designs from the field of applied art, factors come into play that otherwise play no role in copyright disputes. The fact that a shape becomes iconically famous at some point does not mean that it was particularly original at the time of its creation.

The VW Beetle in particular is a good example of this, and the richly illustrated Braunschweig decision shows a whole wealth of amazingly similar vehicles from the time when the “Volkswagen” was created, to which the later global corporation owes its name – and which no one knows today. Of all these vehicles, only the “Beetle” survives in the consciousness of the global public. It had already become a kind of “living fossil” long before the last production decades of the original model series, when it was only produced in Central and South America, the last survivor of a way of building cars that had long since become obsolete.

Therefore, the legal assessment must be made on the basis of the set of forms known at the time of creation, even though this may have later fallen into oblivion. The Higher Regional Court of Braunschweig correctly recognized this in its decision. In the Porsche decision, there is only a brief reference in the same sense (para. 31).

“Cultic”, at any rate, must be concluded from the decision of the OLG Braunschweig, is not a copyright category, just as little as “famous” or “groundbreaking in art history”. Other courts are not so stringent in this respect, as is shown by the very generous case law on the protection of tubular steel furniture from the Bauhaus period, in which copyrightability seems to be inferred from art historical significance.

Which standard of protection is decisive?

Separate from the question of the set of forms to be used for comparison is the question of which of the legal standards that have changed again and again in the decades since famous designs such as the Beetle or the Porsche 365 or 911 were created is to be used as the standard for the examination. Which standard of protection is to be applied to an ancient design – especially in the field of applied art?

  • The standard of protection at the time it was created?
  • The standard of protection before the Seilzirkus and Geburtstagszug decisions of the BGH (GRUR 2014, 175 – Geburtstagszug)?
  • The standard of protection before the ECJ’s Cofemel and Brompton decisions (C-683/17 – Cofemel; C-833/18 Brompton)?

The BGH clearly measures against the latest standard harmonized by the ECJ. The OLG expresses itself misleadingly in this respect, but would apply today’s standards to the actual situation at the time of creation and deny protection to an object which, according to today’s standards, was not protectable on the basis of the facts at that time (in particular in view of the then known set of forms).

Questions of copyright law

Both the BGH and the OLG Braunschweig apply the current rules of copyright contract law also to an author who, like the plaintiff’s father as an employee of the defendant’s legal predecessor, is subject to Section 43 UrhG (authors in employment and service relationships). Both decisions consider the fairness compensation of Section 32a UrhG to be applicable without further ado even in such cases. However, this only concerns new cases that arose after the new regulation came into force at the end of March 2002.

Visualization aids for the court

Time and again, it becomes apparent that two worlds collide in copyright law: That of the creators and that of the lawyers who have to deal with the creators’ output. In a legal dispute over a piece of music, how does one convey the essence of the dispute if the court is not musically trained? In the field of applied art, how can one make it clear what is at stake? The designers usually have a well-developed spatial imagination, which the discerning judges, on the other hand, do not necessarily have.
That is why many a trial in this field has been won (or lost) because the two samples, “original” and “alleged imitation” were physically expedited into the courtroom – this may involve a not inconsiderable effort in the case of bulky objects.
But what can be done when the object in question does not fit into the courtroom or – as in the Braunschweig case concerning the authorship of the VW “Beetle” – the supposed original only exists as a design drawing? One of the questions at issue was whether the formative shapes of the later “Beetle” were already present in the subsequent drawings.

From the decision discussed in ZUM-RD 2022, 342, 366

 

Here, the defendant party broke new ground with a visualization aid for the court in the form of a virtual model that could be displayed three-dimensionally in all conceivable views and juxtaposed with the subsequently executed vehicle.

 

From the decision discussed in ZUM-RD 2022, 342, 367

Thus, even the layman could see that the design of the plaintiff’s side was by no means “smiling”, contrary to the plaintiff’s claim, because the hood in the alleged original was completely straight. The view from diagonally behind also shows that the executed Beetle followed a completely different design concept than the alleged original, recognizable from the protruding fenders, the running board and the rear section, which also ends in a bulge, in the executed vehicle. The OLG Braunschweig correctly subsumed on this basis.

Such visualization aids can be produced with current CAD technology with manageable effort, even if under certain circumstances not always in such high quality as shown here.

Conclusion

The great willingness (one could almost say relief) with which the recognizing court made use of this assistance shows how important it can be, especially in the field of applied art, to argue as much visually as linguistically.

/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2022-12-15 09:00:042022-12-07 14:58:49From the land of the “Beetle smile” or on the protection of the famous shape in Germany
Dr. Andreas Dustmann,

Dr. Andreas Dustmann, LL.M.

2. June 2022/in Alicante, Berlin Copyright, Designs, Domains, Licensing, Patent Litigation, Trade Marks, Unfair Competition Creative Industries, Electrical Engineering, Internet, Mechanical Engineering, Physics, Software / IT
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Dr. Andreas Dustmann,

Dr. Andreas Dustmann, LL.M.

Attorney at Law (Germany)


Contact


Kurfürstendamm 185
10707 Berlin
Germany

T +49 (30) 23 60 76 70
F +49 (30) 23 60 76 721

Plaza Santisima Faz, 3 -1 / B
03002 Alicante
Spain

T +34 (965) 21 53 99
F +34 (965) 21 39 65



E-Mail to Dr. Andreas Dustmann

Andreas Dustmann studied law at the University of Heidelberg, Complutense University of Madrid, and University of Cologne. He obtained the degree of Master of Laws (LL.M.) at the University of Edinburgh in 1995. In his doctorate work, Andreas Dustmann was concerned with the liability of internet service providers for online copyright infringement. From 1998 to 1999, he was a research fellow at the Max-Planck Institute for Comparative and International Private Law in Hamburg. In 2001, Andreas Dustmann joined BOEHMERT & BOEHMERT and became a partner in 2007.

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Andreas Dustmann acts on behalf of his clients including domestic and foreign undertakings in a wide range of intellectual property work. He is well known, among other things, for the legal representation of some US film studios in the fight against internet piracy. He has been a legal advisor for the construction of several video-on-demand portals and eCommerce platforms, and provides ongoing counsel to media companies, agencies, and dealers on legal issues of the internet. Another focus of his work is representation in court proceedings. For years he has represented clients in complex legal disputes, especially in the area of unfair competition, copyright, trademark, and design law. He is also increasingly active in patent litigation. Clients appreciate his ability to work towards solutions for cost-effective, amicable settlement.As a specialist in domain law and practice, Andreas Dustmann acts in domain name disputes both before the German courts and in arbitration before the World Intellectual Property Organization (WIPO). Besides his litigation practice, he manages the trademark and design portfolios both for medium-sized and globally operating companies.The JUVE Handbook 2016/2017 has once again selected Andreas Dustmann as one of the specially recommended lawyers for trademark, unfair competition, and media law in the state of Brandenburg. He regularly writes on copyright and internet law topics and has been a lecturer on copyright law at the University of Potsdam since 2010.Andreas Dustmann is a co-author of the Praxishandbuch Geistiges Eigentum im Internet (Practical Handbook on Intellectual Property in the Internet, 2003), the Handbuch Kunstrecht (Handbook on Arts Law, 2nd edition 2012), and the Fromm/Nordemann Commentary on Copyright Law (11th edition, 2014).Since 2007, he has chaired the specialist lawyers’ committee on copyright and media law for the state of Brandenburg, and is a member of the German Association for the Protection of Intellectual Property (GRUR) and of UNION.

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Dr. Eckard Ratjen, Rechtsanwalt BOEHMERT & BOEHMERT

Dr. Eckhard Ratjen, LL.M. (London)

2. June 2022/in Bremen Copyright, Designs, Information Technology, Licensing, Trade Marks, Unfair Competition
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Dr. Eckard Ratjen, Rechtsanwalt BOEHMERT & BOEHMERT

Dr. Eckhard Ratjen, LL.M. (London)

Attorney at Law (Germany)
Certified IP Lawyer


Contact



Hollerallee 32
28209 Bremen
Germany

T +49 (421) 340 90
F +49 (421) 340 17 68



E-Mail to Dr. Eckhard Ratjen

Eckhard Ratjen works in the field of trade mark law and law of unfair competition as well as copyright. His practice concentrates, among other things, on the prosecution of trade mark applications, infringement proceedings, and preliminary injunctions. Eckhard Ratjen advises medium sized and large international and German clients in areas such as media and consumer products. He also enthusiastically assists start-up companies in all areas of intellectual property law.

Legal areas

  • Designs
  • Information Technology
  • Licencing

  • Trade Marks
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Eckhard Ratjen studied law at the University of Kiel (Christian-Albrechts-Universität zu Kiel) with special emphasis on intellectual property. In his doctoral thesis, he was concerned with the audiovisual marketing of sporting events with particular regard to film copyright issues. Eckhard Ratjen studied the international law of trade marks and copyright at the renowned King’s College London from 2012 to 2013. There, he obtained a Specialist Master of Laws (LL.M.) in intellectual property law. Stages of his legal clerkship included working for an internationally operating sports marketing company in Frankfurt/Main. He joined BOEHMERT & BOEHMERT in 2013 and qualified as a Certified IP Lawyer in 2019. Eckhard Ratjen is a member of the German Association for the Protection of Intellectual Property (GRUR).

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Dr. Martin Wirtz, Rechtsanwalt bei BOEHMERT & BOEHMERT

Dr. Martin Wirtz

2. June 2022/in Berlin, Dusseldorf Copyright, Designs, Licensing, Patent Litigation, Trade Marks, Unfair Competition Creative Industries
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Dr. Martin Wirtz, Rechtsanwalt bei BOEHMERT & BOEHMERT

Dr. Martin Wirtz

Attorney at Law (Germany)


Contact



Jägerhofstraße 21
40479 Dusseldorf
Germany

T +49 (211) 71 17 00
F +49 (211) 71 17 017

Kurfürstendamm 185
10707 Berlin
Germany

T +49 (30) 23 60 76 70
F +49 (30) 23 60 76 721



E-Mail to Dr. Martin Wirtz

Martin Wirtz works in all fields of intellectual property matters, with a particular emphasis on trade mark, competition, and copyright law, including litigation. A further focus of his work is patent infringement proceedings. His clients include large and medium-sized firms as well as international companies and associations from a wide variety of different areas. His further field of activity includes contract drafting in the area of intellectual property, especially licensing. Martin Wirtz has been working exclusively in the field of intellectual property law since 1995 and has a considerable amount of scientific experience.

Legal areas

  • Copyright
  • Designs
  • Unfair Competition
  • Licencing
  • Patent Litigation
  • Trade Marks

Industries

  • Creative Industries

Martin Wirtz studied law and ancient and modern history at the universities of Passau, Freiburg and Cologne. After passing the first state examination, he did research on the law of the collecting society in Europe as part of a diploma course under the supervision of Professor Bill Cornish at the University of Cambridge. During his legal clerkship he worked for an international law firm in Paris. He completed his doctorate after passing the second state examination. He obtained his doctorate from the University of Cologne on the German and European control of collecting societies.

Martin Wirtz regularly publishes articles dealing with trade mark and copyright law as well as competition law. Amongst others, he periodically writes articles for the Notices of German Patent Attorneys and is co-author of the Practice Handbook of Intellectual Property on the Internet (Beck Juristischer Verlag) as well as of the Commentary, Götting/Nordemann on the Law Against Unfair Competition.

He is co-author of the renowned copyright reference work Fromm/Nordemann: Copyright Law (from 11th edition).The JUVE Handbook 2019/2020 lists him once more amongst the particularly recommended attorneys in the category “trade mark and competition law.” He is listed as a trademark and design expert in the 2020/21 edition of The Legal 500 Germany. Best Lawyers recognizes him in the area of intellectual property in the 2020/21 edition.

He is a member of the German Association for the Protection of Intellectual Property (GRUR) and the International Trademark Association (INTA). Since the winter semester of 2007, he has lectured on intellectual property law at the University of Applied Sciences Schmalkalden.

Further information about Dr. Martin Wirtz



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University lectureships


Fachhochschule Schmalkalden
Master European and International Industrial Property Law

Zentrum für Weiterbildung an der Fachhochschule Schmalkalden
Master’s degree in Applied Plastics Technology
Master’s Degree in Electrical Engineering and Management
Master’s Degree in Mechanical Engineering and Management
Product Information Management Certificate Program
Master’s program in business management

https://www.boehmert.de/wp-content/uploads/2022/06/Wirtz-Martin-Portrait.jpg 667 1000 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2022-06-02 15:35:242023-01-10 12:43:49Dr. Martin Wirtz
Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

Dr. Michael Rüberg, LL.M. (London)

2. June 2022/in Dusseldorf, Munich, Paris Copyright, Designs, Employee Inventions, Licensing, Patent Litigation, Product Piracy, Unfair Competition
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Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

Dr. Michael Rüberg, LL.M. (London)

Attorney at Law (Germany)
Certified IP Lawyer


Contact



Pettenkoferstraße 22
80336 Munich
Germany

T +49 (89) 55 96 80
F +49 (89) 55 96 85 090

Jägerhofstraße 21
40479 Dusseldorf
Germany

T +49 (211) 71 17 00
F +49 (211) 71 17 017

10 Avenue Kléber
75116 Paris
France

T +33 (1) 5603 6591
F +33 (1) 5603 6594



E-Mail to Dr. Michael Rüberg

Michael Rüberg focuses on patent infringement proceedings. He is representing his clients in all German patent infringement courts and, in cooperation with patent attorneys from all technical fields, in parallel invalidity proceedings at the Federal Patent Court and the European Patent Office. Michael Rüberg is frequently involved in the coordination of cross-border patent infringement disputes, both contentious and non-contentious. Another focus of his work is on the strategic counselling against product piracy. In addition, he provides legal advice on licensing issues, technology transfer, and employee inventions, as well as on copyright and unfair competition.

Legal areas

  • Employee Inventions
  • Copyright
  • Designs
  • Unfair Competition

  • Product Piracy
  • Licencing
  • Patent Litigation

Michael Rüberg studied law at the University of Bochum and the University of Munster. After graduation, he earned his doctorate in law at the Institute of Media Law, University of Cologne, on a subject related to digital copyright under German and UK Law. He holds a Master of Law degree from renowned King’s College, London, specialized on intellectual and industrial property rights.Before becoming a partner with BOEHMERT & BOEHMERT, Michael Rüberg was active as an in-house counsel and group leader in the patent and trade mark’s department of BMW AG in Munich. Previously, he worked as an attorney at law in the patent litigation group of a leading international law firm in Dusseldorf. He therefore combines distinct experience as an attorney at law, patent litigator, and in-house counsel, to provide clients with an integrated and business-oriented approach to their legal needs.Michael Rüberg frequently lectures on topics related to patent litigation both in Germany and abroad. In 2016, he has been appointed visiting professor at the Xiangtan University, PR China. Also in 2016, he has been named a global fellow of the Federal Circuit Bar Association, Washington D.C., US.Legal500 Deutschland 2015/2016 has placed particular emphasis on his work in the field of patent litigation and mentions his “utmost professionalism” and “business-minded approach.” In 2016, he has been included in the IAM listing of the 1000 leading patent practitioners worldwide.He is a member of the Munich and Dusseldorf Bar Association, the German Association for the Protection of Intellectual Property (GRUR), the Association of Intellectual Property Experts (VPP), the Licensing Executives Society (LES), and the International Association of Intellectual Property (AIPPI). He frequently publishes on various topic of intellectual property law.

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https://www.boehmert.de/wp-content/uploads/2022/06/Rueberg-Michael-Portrait-1.jpg 667 1000 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2022-06-02 15:35:202023-01-30 17:42:23Dr. Michael Rüberg, LL.M. (London)

Malte Nentwig, LL.M.

2. June 2022/in Bremen Anti-Trust, Copyright, Designs, Domains, Information Technology, Licensing, Product Piracy, Trade Marks, Unfair Competition
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Malte Nentwig, LL.M.

Attorney at Law (Germany)
Certified IP Lawyer


Contact



Hollerallee 32
28209 Bremen
Germany

T +49 (421) 340 90
F +49 (421) 349 17 68



E-Mail to Malte Nentwig

Malte Nentwig provides advice in trade mark law. This includes, in particular, strategic advice on how to develop suitable trade mark portfolios. He has a strong focus on German as well as international trade mark searches. For his German and international clients, he is responsible for the filing of trade marks at the German Patent and Trade Mark Office, the European Intellectual Property Office, and the World Intellectual Property Office, as well the coordination of worldwide applications abroad.

Legal areas

  • Trade Marks
  • Copyright
  • Designs
  • Unfair Competition
  • Product Piracy

  • Licencing
  • Anti Trust
  • Domains
  • Information Technology

Malte Nentwig has longstanding experience in the maintenance of international trade mark portfolios, including watching services for the detection of potential infringement. He advises on how to protect, strengthen, and enforce trade marks. For his clients, he files opposition against infringing third parties and he acts as a litigator in trade mark infringement procedures.In matters of design patent law, he advises clients on how to obtain protection and how to enforce design patents. In competition law matters, he advises clients in relation to their planned marketing as well as product campaigns, and is also acting as a litigator in court procedures, including requests for preliminary injunctions.Malte Nentwig studied law at the University of Kiel and the University of Munich, Germany, as well as the University of Queensland, Australia (LL.M.). Malte Nentwig joined BOEHMERT & BOEHMERT in 2004 and made a secondment with an international blue chip company. As a German lawyer, he was awarded “Fachanwalt für den Gewerblichen Rechtschutz” (Specialist in IP Law).Malte Nentwig is the co-author of the chapter on patent law in the practitioners guide “Achenbach/Ransiek/Rönnau Handbuch Wirtschaftsstrafrecht,” as well as co-author (with Prof. Heinz Goddar) of the German chapter in “Manual IP, Kluver Law International”.Malte Nentwig serves on the expert IP-Committee for the Bar Association Hanseatische Rechtsanwaltskammer Bremen. He is a member of the Design Committee at the International Trademark Association (INTA) and an Overseas Member of Chartered Institute of Trade Mark Attorneys (CITMA) as well as of the Intellectual Property Society of Australia and New Zealand (IPSANZ).Since 2018, Malte Nentwig has been listed as a recommended lawyer in the practice area of intellectual property law for Germany by Best Lawyers.

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WTR-Interview


Malte Nentwig in WTR-interview as well as in interview about Brexit in WIPR

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Silke Freund, Attorney at Law at BOEHMERT & BOEHMERT

Silke Freund

2. June 2022/in Munich Copyright, Licensing, Product Piracy, Trade Marks, Unfair Competition
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Silke Freund, Attorney at Law at BOEHMERT & BOEHMERT

Silke Freund

Attorney at Law (Germany)


Contact



Pettenkoferstraße 22
80336 Munich
Germany

T +49 (89) 55 96 80
F +49 (89) 55 96 85 090



E-Mail to Silke Freund

Silke Freund focuses on the contentious – sometimes cross-border – enforcement of trade marks or the defense against asserted infringement claims of third parties. She also supports clients in their worldwide trade mark portfolio management in the filing, assignment, and licencing of trade marks as well as opposition, appeal, and cancellation proceedings before the German Patent and Trade Mark Office (GPTO) and the European Union Intellectual Property Office (EUIPO).

Legal areas

  • Licencing
  • Trade Marks
  • Product Piracy

  • Copyright
  • Unfair Competition

In addition, she supports clients in their worldwide trademark portfolio management, in the application, transfer and licensing of trademarks as well as in opposition, appeal and cancellation proceedings before the German Patent and Trademark Office (DPMA) and the European Union Intellectual Property Office (EUIPO).

Silke Freund also advises on the admissibility of marketing and advertising campaigns as well as on the litigious enforcement of and defense against claims based on the Unfair Competition Act (UWG) including its ancillary laws. In the area of copyright law, her main practice areas include the extrajudicial and contentious defense of copyrights, ancillary copyrights and rights of use. She is also regularly active in the area of the law of statements as well as word and image reporting, and there in particular with regard to aspects of the general right of personality.

Silke Freund studied law at the Rheinische Friedrich-Wilhelms University in Bonn. She also completed additional training in information, telecommunications and media law at the Westphalian Wilhelms University in Münster.

Before joining BOEHMERT & BOEHMERT in 2013, she had been working in renowned law firms and major international law firms specializing in media law, copyright law and trademark law in Munich since 2002.

Silke Freund regularly lectures on media and trademark law topics and is co-author of the Handbuch des Persönlichkeitsrechts (ed.: Götting/Schertz/Seitz, C.H. Beck Verlag, 2008; 2nd ed. 2019).

Silke Freund is a member of the Association of European Trade Mark Owners (MARQUES) and the German Association for the Protection of Intellectual Property (GRUR).

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Dr. Sebastian Engels,

Dr. Sebastian Engels

2. June 2022/in Berlin Copyright, Data Protection, Designs, Domains, Employee Inventions, Information Technology, Licensing, Trade Marks, Unfair Competition Chemistry, Creative Industries, Electrical Engineering, Internet, Mechanical Engineering, Pharmaceuticals / Life Sciences, Physics, Software / IT
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Dr. Sebastian Engels,

Dr. Sebastian Engels

Attorney at Law (Germany)


Contact



Kurfürstendamm 185
10707 Berlin
Germany

T +49 (30) 23 60 76 70
F +49 (30) 23 60 76 721



E-Mail to Dr. Sebastian Engels

Sebastian Engels advises clients in all aspects of trade mark, copyright, and unfair competition law. He works with German and international clients to develop IP strategies both in Germany and abroad. As a special focus of his expertise he is advising and representing E-Commerce and IT-providers amongst others with regard to consumer protection regulations, transactional matters, data protection law, and domain name law. Sebastian Engels represents clients in all types of intellectual property disputes, including trade mark, trade dress, copyright, and unfair competition matters.

Legal areas

  • Data Protection
  • Information Technology
  • Designs
  • Domains
  • Licencing
  • Trade Marks
  • Copyright
  • Unfair Competition
  • Employee Inventions

Industries

  • Chemistry
  • Electrical Engineering
  • Internet
  • Creative Industries
  • Mechanical Engineering
  • Pharmaceuticals / Life Sciences
  • Physics
  • Software / IT

He has successfully handled cases throughout the litigation process before courts, the European Intellectual Property Office (EUIPO) and the German Patent and Trade Mark Office (GPTO).

Sebastian Engels studied law at the University of Constance (Germany) and the University of Cork (Ireland), specializing in competition law and intellectual property. During his legal clerkship in Berlin he gained practical experience working for the competition department of the German Federal Ministry of Economics and a major German film production company. His doctoral thesis focused on the admissibility of territorial IP licensing within the European Single Market.

Since joining BOEHMERT & BOEHMERT in 2011, Sebastian Engels handles all aspects of intellectual property and unfair competition law.

He is a member of the German Association for the Protection of Intellectual Property (GRUR).

Further information about Dr. Sebastian Engels

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University lectureships

Lecture on license agreement law as part of the MBA program BioMed at the University of Potsdam

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Dr. Rudolf Böckenholt, Rechtsanwalt bei BOEHMERT & BOEHMERT

Dr. Rudolf Böckenholt, LL.M.

2. June 2022/in Bremen Copyright, Designs, Licensing, Patent Litigation, Product Piracy, Trade Marks, Unfair Competition Creative Industries
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Dr. Rudolf Böckenholt, Rechtsanwalt bei BOEHMERT & BOEHMERT

Dr. Rudolf Böckenholt, LL.M.

Attorney at Law (Germany)
Certified IP Lawyer


Contact



Hollerallee 32
28209 Bremen
Germany

T +49 (421) 340 90
F +49 (421) 349 17 68



E-Mail to Dr. Rudolf Böckenholt

Rudolf Böckenholt focuses on trade mark and unfair competition matters. His work in developing intellectual property portfolios is accompanied by enforcing such rights, be it in infringement proceedings, border seizure matters, or in permanent market monitoring and investigations. He predominantly consults medium-sized and large international clients in the areas of media, consumer products, food and pharma. Rudolf Böckenholt often advises in cases where IP rights overlap or intersect, and in neighboring pharma and food law. He is also active in contentious matters concerning technical property rights, with a focus on mechanical engineering.

Legal areas


  • Trade Marks
  • Copyright
  • Designs
  • Unfair Competition
  • Product Piracy
  • Licencing
  • Patent Litigation

Industries


  • Creative Industries

Rudolf Böckenholt studied law and English law at the University of Münster with a focus on intellectual property law. Subsequently, he obtained a Magister Legum (LL.M.) in international intellectual property law after study visits at the School of Law, University of Exeter (UK), the Technical University of Dresden and the German Patent and Trademark Office. His doctoral dissertation at the University of Münster concerns the distinction between copyright and trademark law.

Rudolf Böckenholt has been with BOEHMERT & BOEHMERT since 2001. He was admitted to the bar in 2005 and became a certified IP Lawyer in 2008.

Since 2009, he regularly contributes to the peer-reviewed law journal GRUR-Prax, discussing recent German and European Supreme Court decisions. He is the author of commentaries on trademark and competition law, in particular in the Münchener Anwaltshandbuch – Gewerblicher Rechtsschutz, including the 6th edition published in 2022, and in the English-language commentary on the EU Trademark Regulation. Currently, he authors a chapter about protection and enforcement of names and trade marks around Real Estate objects and projects in the Attorneys’ Handbook on Real Estate Management, published in 2021.

The JUVE Handbook of Commercial Law Firms has ranked him among the recommended attorneys in the category of trademark and competition law for years, and considers him to be a “very clever mind” and a “smart strategist”. In LEGAL 500 (Germany and EMEA), he is included as a consultant who, “due to his vast experience, manages to pursue the most efficient strategy for the client” and “achieves excellent results through his realistic assessments”. Handelsblatt has ranked him among “Germany’s Best Lawyers” in the field of intellectual property since 2017, Best Lawyers since 2018. He is regularly included in the “Kanzleimonitor”, an empirical study of the German Association of Corporate Lawyers (BUJ).

He is an active member of the International Trademark Association (INTA), Intellectual Property Owners Association (IPO), European Communities Trade Mark Association (ECTA), Pharmaceutical Trade Marks Group (PTMG), the German Association for the Protection of Intellectual Property (GRUR), the Scientific Society for Food Law (WGfL) and a number of other professional organizations in intellectual property.

Further information about Dr. Rudolf Böckenholt


Recent publications




All publications

https://www.boehmert.de/wp-content/uploads/2022/06/Boeckenholt-Rudolf-Portrait.jpg 667 1000 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2022-06-02 15:34:382022-11-29 08:55:45Dr. Rudolf Böckenholt, LL.M.
Gross Peter, Attorney at Law at BOEHMERT & BOEHMERT

Peter Gross, LL.M. (Aberdeen)

2. June 2022/in Munich Anti-Trust, Copyright, Designs, Domains, Employee Inventions, Licensing, Patent Litigation, Patents and Utility Models, Product Piracy, Trade Marks, Unfair Competition Creative Industries
All attorneys
Gross Peter, Attorney at Law at BOEHMERT & BOEHMERT

Peter Gross, LL.M. (Aberdeen)

Attorney at Law (Germany)
Certified IP Lawyer


Contact



Pettenkoferstraße 22
80336 Munich
Germany

T +49 (89) 55 96 80
F +49 (89) 55 96 85 090



E-Mail to Peter Gross

Peter Gross has focused his activities on the development of trade mark strategies, and he is very experienced in the defense and enforcement of intellectual property rights within Germany and abroad.The owners of large trade mark portfolios as well as companies who are at the early stages of setting up their trade mark and IP rights find him to be a competent legal advisor.

Legal areas

  • Patents & Utility Models
  • Employee Inventions
  • Trade Marks
  • Copyright
  • Designs
  • Unfair Competition
  • Product Piracy
  • Licencing
  • Anti-Trust
  • Patent Litigation
  • Domains

Industries

  • Creative Industries

Furthermore, he conducts infringement proceedings in patent, trade mark, competition and design law matters. He also has a great deal of experience in the field of sales and distribution of me-too products.

His clients value the fact that he not only focuses on the legal issues, but that he also focuses on developing a clear and practical approach with regard to how legal problems can be settled as quickly and as cost-effectively as possible. He never loses sight of the economic consequences of a proposed solution in infringement proceedings, so it is not uncommon that preference is given to a pragmatic approach instead of a lengthy judicial dispute.

After having completed his studies in law at the University of Regensburg, he spent one year at the University of Aberdeen, Scotland, on a postgraduate course as an ERASMUS scholar where he obtained his Masters of Law (LL.M.) degree. In addition, he worked as a research associate from 1998 to 2003 at the University of the German Federal Armed Forces, Munich, at the Institute for Comparative Business Law, Technology Law, and Procurement Law.

Peter Gross began his legal career in 2001 in a patent law firm where he built up and expanded the legal side of the practice. After being partner there for five years, he joined the Munich office of BOEHMERT & BOEHMERT.

He is co-author of the practice handbook “Intellectual Property in the Food Industry”. Peter Gross is recommended in the Managing Intellectual Property IP Stars Handbook 2015 and in “WTR 1000 – The World’s Leading Trademark Professionals 2019”. He is also repeatedly recognized as a “Best Lawyer” 2023 by the trade publisher Best Lawyers.

Peter Gross is a member of the German Association for the Protection of Intellectual Property (GRUR), the International Trademark Association (INTA), the German Bar Association (DAV), the German-Turkish Lawyers Association, and the Munich Bar Association.

https://www.boehmert.de/wp-content/uploads/2022/06/Gross-Peter-Portrait5-1.jpg 667 1000 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2022-06-02 15:34:372022-10-19 15:32:40Peter Gross, LL.M. (Aberdeen)
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