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It is an astonishing figure - and not many people realize this: But, on average, approx. 46% of a company's value is made up and derived from trademarks - and that is one of the major reasons why companies should protect their brands - and register them. The average value differs from industry to industry. We have taken the opportunity and show the following slide with the kind permission from BRAND NETWORKS, a Munich-based company with many years of expertise in the field of brand consulting. As a brand owner, it is extremely important to understand the value of a trademark - and that and why it needs to be protected - it is one of your company's most valuable assets!
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National patent case law remains important: As of May 2012 it is still not known when the EU Patent will actually come into force and when and where the EU Unified Patent Court (note: London, Paris and Munich are the "hot" candidates) will be established. The aim of creating a Unified Patent Court is not only to reduce costs, but, to have a centralized court responsible for all the cases and thereby help increase legal certainty for both applicants and defendants. In the past and until now the various national courts called upon in patent litigation cases have often rendered contradiciting decisions. This is happing less often since many of the judges from the various countries meet on a regular basis at judges symposiums and discuss and try to streamline their decisions - even though the legal parameters are to a great extent still missing. However, fact is: For the time being, patent infringment cases still have to be brought and filed before a national court. Therefore, it is of major importance to know what courts in which countries have decided on legal issues relating to patents. For this reason we take the opportunity to point out that the European Patent Office (EPO) just recently published an excellent Summary of Patent Case Law from 14 members of the EPC contracting states between the years 2004 - 2011. This almost 300 page "bible" is published in the three official languages: German, English and French. It reveals what each of the 14 national courts participating decided upon regarding, e.g. patentable inventions, novelty, inventive step, industrial applicability etc. For more information please see the following links at the EPO: EPO Introduction: http://www.epo.org/law-practice/case-law-appeals/national-patent-decisions.html EPO Patent Decision Summary 2004 - 2011: http://archive.epo.org/epo/pubs/oj012/02_12/12_spe0.pdf
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The world's largest trademark conference is taking place for the 134th time - this year in Washington, DC from May 4 -8, 2012 For the 11th time now Alexandra Dellmeier-Beschorner is attending the largest trademark conference and meeting in the world. It is hosted by the International Trademark Association (INTA) of which LexDellmeier is a longstanding and supporting member. Over 10,000 trademark specialists from all over the world are attending this year's meeting being held in Washington, DC from May 4 - 8, 2012. The aim of the meeting is to primarily receive an update and insight on trademark issues from various countries around the world. The educational sessions include topics relating to trademarks - also in conjunction with anti-counterfeiting issues, domains, designs, copyrights etc. Besides that, IP specialists seize the opportunity to meet with clients, colleagues and associates from around the world to discuss open and pending cases - or just to meet in person. We believe it is extremely important to meet the people you work with in order to create or continue an excellent, reliable and trustworthy professional relationship from which all clients benefit from. Our firm, LexDellmeier IP Law Firm, is an INTA member and we support the association's activities and meetings by being on project teams and giving talks and updates on trademark laws and cases out of Germany and the EU. For more information and an overview of what is happening at the INTA conference in Washington DC between May 4 - 8, 2012 please see: http://www.inta.org/2012AM/Pages/home.aspx?utm_source=INTA.org&utm_medium=Web%2Bbanner&utm_campaign=AM12
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We thought we should share this great video on BRANDING with you. It was produced in 2011 by MSc Brand Leadership team at Norwich Business School, University of East Anglia. In essence, a BRAND is a "stamp of ownership" - making people aware that it is "YOURS". But remember, in Germany, the EU as a whole (Community/EU trademarks) and in most of the EU national member states it is necessary to actually REGISTER the trademark with the responsible trademark office(s). Contrary, e.g. to the US system, mere use of a trademark does not grant protection or rights. Be careful, ask an expert, seek advice and register your BRAND.
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Visionary inventors have and will continue to revolutionize our world with their outstanding ideas. Curiosity, knowledge and determination of individuals are the basis for every great innovation. As an IP boutique firm headquartered in Munich, Germany - home of the German Patent and Trademark Office (GPTO) and the European Patent Office (EPO) - we take the opportunity to help support and promote this year's IP Day. In honor of the past and future inventors, the World Intellectual Property Organization (WIPO) has picked as this year's theme for the World Intellectual Property Day coming up on April 26, 2012 "Visionary Inventors" - as revealed on the official poster which we have posted here. Albert Einstein once said: “Logic will get you from A to B. Imagination will take you everywhere”. From an economic point of view and with the increasing importance of knowledge as a driving force for innovation, IP rights are becoming more and more important. In the 21st century the challenges do not just include mastering economic recessions. Some of the main challenges include finding innovative solutions to significantly improve environmental protection and the use of natural resources, to secure food and health for a growing number of inhabitants on earth, et cetera. In all of these areas, human creativity, imagination and inventiveness will be essential to finding solutions for a sustainable future. If you also want to support the World IP Day, please find more and detailed information at WIPO's website including the call to join in on WIPO's Facebook page in order to share your thoughts about innovators who inspire you and to tell us about
  • an innovation which has improved your life
  • a visionary inventor or creator whom you admire
  • an innovator in your community who has made a difference.
LexDellmeier is supporting this great event. We hope you join in, too!
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Copyright laws - among others in Germany - and the great difficulties to know and assess what is allowed - and what is not. Stars like Elvis, Michael Jackson, Madonna and Lady Gaga are musical icons and partly already legends of music history.  They are everywhere in our daily lives – on the radio, in commercials and we find their fashion in lifestyle and VIP magazines. Copyright laws – among others - make such a financial commercialization possible. Copyrights grant  the creator of a “work”, for example, the composer of a song, several exclusive rights like the right to publish the song, be credited for the work,  to adapt the work to other forms and, most importantly, the right to copy the song and to determine who may perform the work and financially benefit from it. Similar rights are also granted other persons involved in the “creation” of the work, like the producer or performing artist who participate in the work. QUESTION(S): What happens if a copyright is infringed? How far can one go without violating copyrights? Do you already violate copyrights if you imitate your idol’s style – and, can you sing their songs out loud if the song remains as a catchy tune in one´s ear? Why are these questions and their answers so important? The violation and infringement of copyrights results in costly warning notices, cease and desist letters including undertaking commitments and/or (large) claims for damages. AS A RULE OF THUMB: The private use of copyright protected works in general does not constitute a violation of copyright laws. It is also allowed to reproduce few (!) copies for private usage without having to worry about legal consequences. Therefore, singing “What a beautiful day” under the shower in the morning does not infringe an existing copyright yet. Also, the presentation of one´s singing skills in front of close friends in the living room at home does not violate copyright law. However, everything going further than this is likely to be relevant to copyrights. A performance in public - and especially for the public - always requires the consent of the creator of the work and the participating actors. This is already the case, when the performance in the living room at home is put on YouTube. Consequently, it is advisable to either perform only one´s own music in public or to enquire very carefully and thoroughly which consents are necessary. But - for all fashionistas and fans of extravagant outfits of the stars: We have good news: You do not have to worry. Your Elvis-outfit does not have to disappear into your closet. The stars may be big trendsetters . However,  their outfits and their appearances on the red carpet do not constitute “works of art” according to (German) copyright law. The one or other exception may need to be made, e.g. Lady Gaga in her raw meat dress. But honestly – who wants to look like THAT?
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The International Chamber of Commerce (ICC) together with its intitiative "Business Action to Stop Counterfeiting and Piracy" (BASCAP) has launched a unified consumer awareness campaign against counterfeiting. The campaign was officially launched by BASCAP and its global partners from around the world - incl. Germany's Anti-Counterfeiting Organization APM  who want to improve consumer awareness regarding the harms of counterfeiting and piracy. The aim and objective is to help consumers understand that counterfeit products are a real threat to health and safety, jobs and the economy. On its new website BASCAP and its partners from China, France, Germany, Italy, Japan, Kenya, Korea, Sweden, Russia, Spain, Ukraine and United States explain why "FAKES COST MORE" - and why consumers should "BUY REAL". Businesses and organizations around the world, such as the World Intellectual Organization (WIPO), the World Custom's Organization (WCO), the International Trademark Association (INTA) and many more are working together to make consumers aware that it is everyone's responsibility to STOP BUYING FAKES. Join the pledge: FAKES COST MORE - I BUY REAL as FAKES CAUSE CRIME - as one of the campain posters rightfully points out:
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ANSWER: Intellectual Property (IP) Rights - including trademarks, designs, utility models & patents. The World Intellectual Property Organization (WIPO) just recently published its World IP Indicator 2011 Report. Fact is, that Intellectual Property (IP) Rights have experienced a growth rate that is breathtaking. - Patent filings grew by 7.2% - Trademark filings grew even more so by 11,8% in 2010 - compared to a 5.1% increase in global gross domestic product (GDP). The growth comes from the larger IP offices around the world - the number one being 1. China with an increase of 24.3%, followed by 2. the European Patent Office (EPO) with an increase of 12.2%, 3. Singapore at 11.9%, followed by 4. the Russian Federation at 10.2%. Special Highlight: TRADEMARKS - Germans file largest number worldwide The year 2010 brought about the largest growth at an increase of 11.8% in trademark applications and an increase of 21.4% in trademark registrations worldwide. An estimated 3.66 million applications were filed globally, whereas, WIPO reports that Germans filed the most. For more details see: Highlights WIPO IP Indicator Report For statistical overviews, charts etc. broken down by IP Rights, countries etc. see: Statistics The whole report with great and detailed information can be found at: Full WIPO IP Indicator Report 2011
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For one night and for night only, Munich’s trendy restaurant „Salt“ was rebranded „LexDellmeier“ to celebrate our 2012 New Year’s Get-together. Together with about 70 guests we enjoyed “Salt” 's creative modern cuisine presented in a flying buffet by the restaurant owner Daniel Tenschert and his team. The restaurant’s interior design matched perfectly the firm’s affinity to intellectual property, exposing International furniture design classics, such as the ‘Medusa’ lamp by Mikko Paakkanen. Friends of our firm, business partners and collaborators seized the joyous atmosphere to network, chat and taste from “Salt” ’s selection of wines. Alexandra Dellmeier-Beschorner hosted the firm’s second New Year’s Get-together since the firm was founded and she promised that the event will become a bi-annual tradition. LexDellmeier expresses many thanks to all our guests for joining us and for contribution to a wonderful evening.               For more information about the venue, visit the website of  Salt
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                                                                                      1. National Trademark Filings in Germany  The German Patent and Trademark Office (GPTO) in its Annual Report published the recent filing numbers of national trademarks applied for in Germany. Here is an overview of the number of trademark applications filed in 2007 - 2010: - 2010: 69,072 - 2009: 69,069 - 2008: 73,903 - 2007: 76,165 2. Top Trademark Filers With 147 trademarks, MIP METRO Group Intellectual Property GmbH & Co. KG headed the ranking of trademark applicants and owners listed by numbers of registrations in 2010. It was followed by Bayer AG (109 registrations) and Boehringer Ingelheim International GmbH (108 registrations). For more detailed information please see the GPTO's Annual Report 3. Germany: Quick Registration Process Important to know is that a German trademark is registered quickly. The GPTO has expedited and improved its examination process within the past two years. Registration on an average takes 6 - 8 weeks. However, by paying an extra 200 EURO official fees, the trademark applicant can request an "Expedited Request for Examination" at the GPTO. Thereby, the responsible GPTO Trademark Examiner reviews the application on an expedited basis. The German trademark application may be registered a lot quicker - usually within 2-3 weeks then. It is extremely important to have a registered trademark in place, because infringement action(s) can in general only be based on registered trademark (or e.g. design) rights. 4. Specialized Intellectual Property (IP) Courts in Germany Germany has specialized Intellectual Property Courts. This means that the judge(s) handling for example the trademark infringement cases are specialized in the fields of trademark, design, copyright, competition law etc. The responsible and called upon chambers (usually staffed with 3 judges at the Regional Courts) are experts in the field of IP and have a vast experience. 5. Preliminary Injuntions - a sharp weapon One of the sharpest weapons against trademark infringers and/or counterfeiters in Germany is the Preliminary Injuntion (PI). The trademark owner via a German attorney files a request for a PI with the responsible German court called upon. The court usually decides very quickly. In case the infringement is clear, usually no oral hearing takes place and the potential infringer in the majority of PI cases is not heard. The German court renders a decision which is granted usually with 2 - 3 days after the request has been filed. ANOTHER GERMAN SPECIALTY: Courts at German Trade Fairs Not known by many is the fact that at certain international and well-known trade fairs taking place in Germany (such as the International Toy Fair in Nuremberg - the largest toy fair in the world - and the annual CeBIT - one of the largest trade fairs with respect to computer technology in Hannover) set up an IP court right on the premises of the trade fair. The judges reside in an interim court office just for the duration of the trade fair. In case the infringement is given, the court may even render a decision in clear-cut cases within hours - and thereby help IP owners protect their rights - quickly, effectively - and in a cost-effective manner.