GERMANY Trends and Developments Contributed by: Bernhard Thum, Andreas Mötsch, Jonas Weickert and Frank Eichelhardt, Thum & Partner | Thum, Mötsch, Weickert Patentanw
Outlook Germany will remain a cornerstone of European IP practice. The UPC will continue to shape patent liti- gation behaviour, including through developing case law on claim construction, interim relief, inventive step, SEP and FRAND, and cross-border jurisdiction. EU design reform will reshape filing and enforcement strategy, especially for digital designs and spare parts markets. Companies that integrate these strands into a coher- ent strategy will be best placed to manage risk and preserve value. Practical takeaways • Revisit IP strategy annually as UPC case law and EU reform implementation continue to evolve. • Treat IP enforcement as part of business continuity planning for products distributed across multiple markets.
tion thresholds, because multi-country remedies can change the cost-benefit analysis quickly. Practical takeaways • Draft contracts with enforcement in mind, and align contractual governance with portfolio governance. • Treat disputes as cross-border programmes and establish response playbooks for roles, timelines and document workflows. Overall practical implications for businesses The common thread across these developments is readiness. Across all areas, early preparation increas- ingly determines litigation outcomes. The UPC rewards early preparation, EU reforms require portfolio review, and adjacent tools such as employee inventions, trade secrets and unfair competition play an increasing role. Businesses should invest in integrated governance: clear decision frameworks for opt-outs and forum selection, evidence readiness for front-loaded litiga- tion, design strategy adjustments under EU reform, and disciplined marketing and trade secret compli- ance. Practical takeaways • Build an integrated IP governance framework that spans patents, designs, trade marks, trade secrets and unfair competition. • Invest in operational readiness: evidence systems, communications discipline and escalation routes are as important as registrations.
111 CHAMBERS.COM
Powered by FlippingBook