Other Areas
There are many other rights and issues, besides the actual IP rights, that are noteworthy in this respect. The most important of these are described in the following section. For more detailed information about the proceedings associated with each one, simply click on the corresponding link.
Licensing
Description
A licence (latin licentia = permission or freedom) is a contractually or legislatively granted right to use protected intellectual property. The conditions of use are set out in a licence agreement.
Searches
Searches for existing IP such as patents, utility models, designs or trademarks can aid in deciding whether to apply for IP protection, or whether a third party IP right is being infringed. At the same time, they provide a wealth of information about the field of competition, enable quick conformance to technical progress and offer early insight into the newest state of the art.
Searches are done electronically using online or CD databases. Some common search types are prior art searches, validity searches, monitoring searches, as well as identity or similarity searches in the trademark field.
Scope
Technical IP rights (patents, utility models), Designs, Trademarks
Proceedings
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Employee Inventions
Description
Employee Inventors law sets out the legal relationships between employer and employee with regard to inventions that are subject to patent or utility model protection, as well as regarding ideas for technical improvement made by company employees, civil servants and soldiers.
The appropriate compensation for the employee is based on three criteria: 1) the commercial value of the invention, 2) the employee’s position and duties in the company, 3) the portion of the invention attributable to the company.A decision body for employee inventions has been set up at the German Patent and Trademark Office to settle any disputes in this area.
Proceedings
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IP Strategy
Description
A well thought-out application strategy is the key to obtaining a strong IP position. This requires, on the one hand, a clear definition of the applicant’s individual strategic goals, and, on the other hand, a search and analysis of potential third party prior rights. Upon comparing both, a consistent strategy can then be drafted that defines the right blend of IP rights and the scope of the various corresponding national, European and international application proceedings. Regular cyclical re-evaluation of the framework situation allows any changes to be quickly accounted for. If a competitor possesses very strong prior IP rights, one goal may be to challenge these rights. Another strategy may be to build up an own strong IP right portfolio.
Proceedings
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Litigation
Scope
Infringement proceedings, nullity proceedings, cancellation proceedings
Proceedings
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