Intellectual property

Our specialists guarantee top-level legal advice. This means home-field advantage in tackling every challenge, thanks to the persistence and absolute commitment of our powerful team.

The Challenge

In recent years, two factors have boosted the significance of protecting and exploiting IP rights: On the legislative side, the promotion of new technologies and efforts to achieve harmonisation on the part of the European Union and, on the technological side, the revolutionary changes in the fields of IT, telecommunications and new media.

IP rights undoubtedly have become self-standing highly valuable economic assets, and are poised to become even more important. The protection and exploitation of these rights, whether they are brands, patents or copyrights, proves crucial for the success of innumerable companies. As such, they have to be fiercely defended when infringed upon.

Where advertising violates the Unfair Competition Act or infringes third-party IP rights, this can be combatted with temporary injunctions. Prudence therefore speaks for the undertaking of a timely legal assessment prior to the launching of an advertising campaign in order to avoid such temporary injunctions and related costs.

Our Expertise

We have extensive experience in both protecting and exploiting, but also defending, intellectual property rights. This covers the assessment of advertising campaigns, filing motions for temporary injunctions, preparing licensing, research and development and other technology transfer agreements as well as IT outsourcing. We also advise on all IP aspects involved in M&A and financing transactions.

Our clients include telecommunications and media as well as trading companies. The fact that fwp is an expert also in the related fields of corporate law, anti-trust law and public law provides essential added value. At the interface with the field of public law, we can draw on expertise in other sectors, including biotechnology, foodstuffs, pharmaceuticals, pharmacies and the health sector.

Our Team

Markus Kajaba specialises among others in unfair competition issues and the defence of intellectual property rights. He has a wealth of expertise in assessing advertising measures and has successfully defended client interests in unfair competition cases.