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KLAKA Rechtsanwälte

Work +49 89 99 89 19 0
Fax +49 89 98 00 36
Dusseldorf, Munich

Germany: Intellectual property

Patent litigation
Intellectual property: patent litigation - ranked: tier 2

Klaka Rechtsanwälte

KLAKA Rechtsanwälte is thematically broadly positioned, but stands out for its particular expertise in mechanical engineering, electronics and chemistry. The renowned Olaf Giebe, who heads the patent practice together with Michael Nieder, represented 3M in complex nullity proceedings against tesa together with Constantin Kurtz; the firm also advised the client in patent infringement proceedings regarding the same patent against a competitor and in a series of other proceedings in the areas of dentistry and automotive components. Stefan Eck among others regularly advises bike component manufacturer SRAM and another key client is ZTE. The team furthermore represented kitchen system manufacturer Eisfink in patent infringement proceedings against a competitor in the area of mobile cooking stations.

Leading individuals

Olaf Giebe - Klaka Rechtsanwälte

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Trade marks and unfair competition
Intellectual property: trade marks and unfair competition - ranked: tier 1

Klaka Rechtsanwälte

Design law - ranked: tier 1

Klaka Rechtsanwälte

Both in trade mark and design law and competition law Klaka Rechtsanwälte provides an ‘outstanding service’. The ‘excellent trade mark and design lawyer’ Ralf Hackbarth, who is ‘strong particularly in cross-border matters’, leads the longstanding advice to BMW against Italian manufacturers and German buyers of wheel rim replicas, which requires the coordination of design law proceedings in several European jurisdictions. In another highlight the team advised Longchamp in proceedings around the relevance of traffic surveys and the purview of judicial expertise in the assessment of competitive originality and the danger of deception of origin. It also acted for the client in proceedings around the prohibition of sales of counterfeit goods permitted in non-EU countries. Carola Onken represents Comité Interprofessionnel du Vin de Champagne in an action for an injunction now at the ECJ surrounding the distribution of a Champagne-containing product. Villeroy & Boch is a client in labelling and licence law matters and another regular client in court proceedings is the Zentrale zur Bekämpfung unlauteren Wettbewerbs, the German association for combatting unfair competition. The boutique’s expertise in domain disputes was sought after by UBS, among others.

Leading individuals

Ralf Hackbarth - Klaka Rechtsanwälte

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Further information on KLAKA Rechtsanwälte

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Offices in Munich and Dusseldorf

Legal Developments in Germany

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  • LAG Düsseldorf: Dismissal with immediate effect valid in response to threat

    Anyone who seriously threatens their employer or superior should expect to be dismissed with immediate effect. This was confirmed by a ruling of the Landesarbeitsgericht (LAG) Düsseldorf [Regional Labour Court of Düsseldorf] from June 8, 2017 (Az.: 11 Sa 823/16).
  • Tax evasion: Only voluntary disclosure affords protection from severe penalties

    Anyone who has been caught for tax evasion should expect to be faced with severe penalties. Voluntary disclosure is the only way of returning to a state of normal tax affairs and avoiding penalties.
  • GSK Update: AIFM Marketing in Germany - The clock is ticking for U.S. and other non-EU fund managers

    Our GSK Update informs about the impact of recent German investment fund legislation (UCITS V Implementation Act) for AIF managers, who are not domiciled in the EU (“non-EU-AIFM”) and who seek to market AIF shares in Germany in accordance with applicable German investment fund law under the EU-AIFM Directive (2011/61/EU).
  • GSK expands Luxembourg presence with a new tax partner

    Opened at the beginning of March 2016, GSK Stockmann + Kollegen continues to expand its Luxembourg office. Mathilde Ostertag recently joined the Luxembourg team of Equity Partners Dr. Marcus Peter, Andreas Heinzmann and Dr. Philipp Mößner as Local Tax Partner.
  • EIA - Strengthening the role of the public

    Among other things, the recent amendment to the Environmental Impact Assessment Act has broadened the rights of (what is termed) the "affected public". The affected public consists primarily of various citizens' initiatives pursuing environmental or public-health purposes. It may for instance file an appeal against a negative decision at the screening stage (i.e., a decision according to which the given project does not require the issuance of an EIA report), and seek its annulment in court. The affected public has been granted a stronger voice also in subsequent procedures in which the fate of a building project is being decided: zoning proceedings and the proceedings on the issuance of a building permit. Taken together, these legislative changes may make it more difficult to implement projects which require an EIA report; in particular, the length of permission proceedings may be substantially extended.
  • New Top Level Domains – Noerr expert warns against trademark infringements

    On June 13, the Internet Corporation for Assigned Names and Numbers (ICANN) published the names of those who have applied for a new top level domain the ending of which may be geographic, such as "munich", industry identification such as "insurance" and even all trademark names and company descriptions such as "canon" and "adidas".
    - Noerr
  • No obligation to set up filtering systems in order to prevent copyright violations

    ECJ, decision of February 16th, 2012, ref. C-360/10 – SABAM
  • Further ECJ Ruling concerning NGO’s right of action under German environmental law

    For the second time within a short period of time, the non-governmental organisations right to challenge administrative decisions under German law is going to be subject to the jurisdiction of the European Court of Justice (ECJ). In January 2012, the German Supreme Administrative Court (Bundesverwaltungsgericht) referred a case to the ECJ for a preliminary ruling concerning the NGO’s right of action.
  • Lessons in Cross-Border M & A Transactions

    The fundamental advice for international business transactions is obvious and easy to understand: different countries have different laws, business habits and cultures. These differences may range from minor nuances, such as lengthy French business lunches or unusual Spanish office hours, to significant legal roadblocks, such as strict European employment laws.
  • Priority rental rights in insolvency

    Parties to rental contracts for commercial premises often agree priority rental rights. In practice, this concept is used to cover a whole series of legal structures. These range from fixed options for the tenant to a promise made by the landlord as a business policy that if any additional premises become available, they will be offered to the tenant. In 2010 the Berlin Court of Appeal issued a ruling on such priority rental rights in insolvency; the decision has recently been published.