GERMANY Law and Practice Contributed by: Thomas Nägele, Steffen Henn, Anke Hofmann and Serpil Dilbaz, SZA Schilling, Zutt & Anschütz
trol measures have been granted, the customs authorities will seize goods entering or leaving the territory of Germany or the EU, which are found to be infringing. If the owner of the goods does not oppose the seizure within two weeks, the goods will be confiscated. In the case of an opposition by the owner of the goods, the trade mark owner is requested to obtain a court decision confirming an infringe - ment of its right. If an infringement cannot be established, the owner may be liable for dam- ages. If an infringement is established, a trade mark will either be removed from the goods, if possible, or the goods will be destroyed. An owner of a registered trade mark is also allowed to prohibit the transport of goods that will not be offered in the German market from third countries to Germany (ie, the mere transit), if these goods contain a trade mark that is identi - cal to or in significant elements not distinguish - able from the registered trade mark (Section 14a TMA). Appeals against first-instance decisions ( Beru- fung ) – which will usually be admissible in trade mark cases due to the high value of the amount in dispute ( Streitwert ) – will be conducted before the higher regional courts for trade mark dis - putes. The competent courts of appeal in a copyright dispute are either the regional courts or the higher regional courts, depending on the court being competent in the first instance (see 7.5 Lawsuit Procedure ). The second appellate level ( Revision ) before the BGH is subject to explicit permission to appeal 11. Appeal 11.1 Appellate Procedure
being granted. This permission may be granted by the court of second instance or by the BGH after filing a non-admission complaint ( Nichtzu- lassungsbeschwerde ) against the denial to grant a second appeal. Contrary to that, in copyright procedures, the higher regional courts are com - petent regarding the second appeal if the district courts ( Amtsgerichte ) are competent in the first instance. 11.2 Timeframes for Appealing Trial Court Decisions Within one month of service of the full version of the judgment, the appellant must submit a statement of appeal. Within one more month, the appellant must submit a statement on the grounds of appeal describing the reasons why they consider the judgment to be erroneous and the significance of these errors for the judgment. At the first appellate level, the duration of the proceedings will usually take at least six to 12 months. The second-level appeal very often lasts for a further 18 to 24 months, until a deci - sion is rendered. 12. Additional Considerations 12.1 Emerging Issues See the Germany Trends & Developments chap - ter in this guide. 12.2 Trade Mark and Copyright Use on the Internet The EU Digital Services Act (DSA), which has immediate effect within Germany, contains fun - damental regulations for intermediary services, online platforms, search engines and host pro - viders with respect to illegal content. Copyright infringements can be such illegal content within the meaning of the DSA.
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