In an interview with Lawyer Monthly magazine, Prof. Dr. Maximilian Kinkeldey and Dr. Holger Gauss shed light on the challenges and opportunities of enforcing soft IP rights in Germany. Our two partners provide insights into the peculiarities of the German legal system, current trends and the importance of soft IP protection in an increasingly digital and globalized economy.
They highlight why Germany, with its specialized courts and efficient procedures, is still considered a pioneer in the enforcement of trademarks and designs. In particular, the possibility of obtaining preliminary injunctions within a few days – sometimes even hours – is cited as a decisive advantage for rights holders.
Furthermore, recent developments in German law are explored, such as the Federal Constitutional Court’s requirements for “equality of arms” in preliminary injunction proceedings.
Maximilian Kinkeldey and Holger Gauss also address the changing requirements for combatting counterfeits and knock-offs, particularly in the context of booming e-commerce.
New technologies such as artificial intelligence and blockchain are playing an increasingly important role here, both for monitoring infringements and for safeguarding innovations in the future.
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