{"id":148370,"date":"2026-09-09T11:09:21","date_gmt":"2026-09-09T11:09:21","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=148370"},"modified":"2026-09-09T11:09:21","modified_gmt":"2026-09-09T11:09:21","slug":"germany-intellectual-property","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/germany-intellectual-property\/","title":{"rendered":"Germany: Intellectual Property"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-148370","comparative_guide","type-comparative_guide","status-publish","hentry","guides-intellectual-property","jurisdictions-germany"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">TWAINSCORE<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/08\/twainscore_logo_4c-claim.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">TWAINSCORE<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/08\/twainscore_logo_4c-claim.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Intellectual Property laws and regulations applicable in Germany<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What different types of intellectual property rights exist to protect: (a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and\/or know-how); (b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees); (c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and\/or know-how).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>(a)\u00a0 Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and\/or know-how);<\/strong><\/p>\n<p>The main intellectual property rights for the protection of inventions in Germany are patents, including supplementary protection rights, and utility models (<em>Gebrauchsmuster<\/em>). In addition, the German Trade Secrets Act (GeschGehG), which implements the EU Trade Secrets Directive, affords protection comparable to intellectual property rights for information where there is a legitimate interest in maintaining secrecy. Further, such protection applies only if the information is not generally known or readily accessible to the relevant public and, which is most important, is subject to reasonable confidentiality measures, such as non-disclosure agreements.<\/p>\n<p><strong>(b)\u00a0 Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);<\/strong><\/p>\n<p>The primary instruments for protecting signs such as brands in Germany are trademarks, trade names and other commercial designations, geographical indications, and collective marks. In addition, brand-related interests may, to a certain extent, also be protected under German unfair competition law. Such protection may arise, for example, in cases where misleading advertising creates a likelihood of confusion among the relevant public, where a competitor unfairly obstructs another business by removing or interfering with trademarks, or where unfair commercial practices involve the imitation of trademarks.<\/p>\n<p><strong>(c)\u00a0 Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and\/or know-how).<\/strong><\/p>\n<p>Germany provides comprehensive intellectual property protection through copyright law, including related rights protecting certain performances and investments, such as those of performers, phonogram producers, broadcasters, and database creators. Additional forms of protection are available through design rights, plant variety rights, semiconductor protection rights, and trade secret protection. Furthermore, German unfair competition law constitutes a powerful supplementary mechanism against unfair imitation, extending protection beyond traditional intellectual property rights to the imitation of products, brands, designs, business concepts, websites, and other commercially distinctive features.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the duration of each of these intellectual property rights? What procedures exist to extend the life of registered rights in appropriate circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p class=\"Body3\">Patent protection is available for a maximum term of 20 years from the filing date, subject to the payment of annual renewal fees. In specific sectors, most notably in the pharmaceuticals sector, the term of protection may be extended by up to five additional years through a Supplementary Protection Certificate (SPC). Utility models (Gebrauchsmuster), often referred to as \u201csmall patents,\u201d provide protection for a maximum period of ten years, likewise subject to the payment of renewal fees.<\/p>\n<p class=\"Body3\">Registered trademarks are protected for an initial term of ten years from the filing date and may be renewed indefinitely for successive ten-year periods upon payment of renewal fees.<\/p>\n<p class=\"Body3\">Copyright protection generally subsists until 70 years after the death of the author. In the case of joint authorship, the relevant period is calculated from the death of the last surviving co-author. Where the author is unknown or pseudonymous, protection generally expires 70 years after the lawful publication of the work or, failing publication, 70 years after its creation. Related rights (Leistungsschutzrechte) are subject to varying terms of protection depending on the category of right concerned, generally ranging from 25 to 70 years from the relevant triggering event, such as publication, communication to the public, or fixation of the protected subject matter.<\/p>\n<p class=\"Body3\">Registered design rights are initially protected for a period of five years from the filing date and may be renewed in successive five-year periods up to a maximum term of 25 years.<\/p>\n<p class=\"Body3\">Protection against unfair imitation in accordance with the German Act Against Unfair Competition (UWG) does not constitute an intellectual property right in the strict sense and is therefore not subject to a fixed statutory term of protection. Rather, protection may be invoked for as long as the imitated product, service, or other commercial achievement retains the requisite competitive distinctiveness and continues to be associated by the relevant public with its commercial origin.<\/p>\n<p class=\"Body3\">Also claims based on the unlawful acquisition, disclosure, or use of trade secrets are not limited to a predefined term of protection. Such claims remain available for as long as the information qualifies as a trade secret within the meaning of the German Trade Secrets Act (GeschGehG), in particular where the information is not generally known or readily accessible, and subject to reasonable confidentiality measures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who is the first owner of each of these intellectual property rights and is this different for rights created in the course of employment or under a commission?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>\u2022 Patents and utility models: As a general rule, the inventor is the original owner of both the invention and the right to apply for a patent or utility model. In the case of employee inventions, however, the German Employee Inventions Act (ArbnErfG) enables the employer to claim an invention, with the consequence that the proprietary rights to the invention are automatically transferred to the employer, while the inventor retains a statutory right to appropriate remuneration. By contrast, inventions created under a commission agreement do not automatically vest in the commissioning party. Unless otherwise agreed by contract, ownership remains with the inventor, and any transfer of rights must be effected through an assignment.<\/p>\n<p>\u2022 Trademarks: Ownership of a trademark vests in the natural or legal person in whose name the trademark is applied for and registered. Where the trademark consists of, or incorporates, a design, logo, or other creative element created by an employee, agency, or any other third party, it should be ensured that the necessary rights have been validly transferred or licensed to the applicant.<\/p>\n<p>\u2022 Copyright: Under German copyright law, the author is the original owner of the copyright in a work. This principle also applies where the work is created in the course of employment, as authorship and the associated moral rights (Urheberpersoenlichkeitsrechte) are inalienable and cannot be transferred. However, the employer will typically acquire the rights necessary for the intended use and exploitation of the work, either by operation of law or contractual arrangements. Likewise, in a commissioning relationship, the commissioned creator remains the author and initial rights holder. Unless otherwise agreed, the commissioning party does not automatically acquire exploitation rights; rather, such rights must be assigned by contract.<\/p>\n<p>\u2022 Design rights: As a general rule, the designer is the initial owner of the design right. In the case of designs created by employees in the course of their employment, the right to the registered design generally vests in the employer where the design was developed in the performance of the employee\u2019s duties or in accordance with the employer\u2019s instructions. By contrast, a design created under a commissioning arrangement initially belongs to the commissioned designer. The commissioning party does not automatically acquire ownership or exploitation rights; rather, such rights must be transferred by an agreement.<\/p>\n<p>\u2022 Protection in accordance with the German Act against Unfair Competition or the German Trade Secret Act is open to the entity that can be identified as the \u201ceconomic owner\u201d of the original that was imitated or the information that is considered a trade secret.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which of the intellectual property rights described in section A are registered rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Patents, utility models, trademarks (exception: acquired distinctiveness or notorious recognition in the market), designs (exception: unregistered community design), plant variety rights, semiconductor rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who can apply for registration of these intellectual property rights and, briefly, what is the procedure for registration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Basically any natural person or legal entity may file an application for the registration of an intellectual property right, irrespective of whether third parties may assert superior entitlement or other rights in respect of the subject matter of the application. Such third-party rights do not generally prevent the filing of an application but may, depending on the circumstances, result in the refusal, invalidation, cancellation, or transfer of the application or the registered right to the party lawfully entitled thereto.<\/p>\n<p>The registration process typically begins with the preparation of the relevant application documents and the filing of the application with the competent authority, such as the German Patent and Trade Mark Office (GPTO), the European Patent Office (EPO), or, where applicable, the European Union Intellectual Property Office (EUIPO).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does the registration procedure usually take?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, patents are granted within approximately three to five years from the filing date. Trademark applications typically proceed to registration within three to six months, provided that no objections are raised. Utility models and registered designs are usually entered into the register within approximately three months of filing, as both rights are subject only to a limited formal examination prior to registration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do third parties have the right to take part in or comment on the registration process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Patents: Third parties generally cannot participate directly in the substantive examination proceedings prior to grant. However, following publication of the grant, any person may file an opposition within nine months. In proceedings before the European Patent Office (EPO), third parties may additionally submit observations on patentability at any stage of the proceedings.<\/p>\n<p>Utility models: No formal third-party participation is available during the registration process. As utility models are subject only to a formal examination and are registered without substantive review of protectability requirements, third parties cannot prevent registration beforehand. The validity of a registered utility model may, however, subsequently be challenged in cancellation proceedings.<\/p>\n<p>Trademarks: Third parties generally have no right to participate in the examination procedure prior to registration. Since the German Patent and Trade Mark Office (DPMA) does not examine earlier rights ex officio, no formal pre-registration opposition mechanism exists. Once the trademark has been registered and published, owners of earlier rights may oppose the registration within three months of its publication.<\/p>\n<p>Designs: Third parties cannot formally participate in the registration procedure. The DPMA examines only compliance with the formal requirements and does not assess novelty or individual character. Consequently, there is no mechanism for third parties to raise objections prior to the design\u2019s registration. Registered designs may, however, be challenged subsequently by way of invalidity proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What (if any) steps can the applicant take if registration is refused?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Refusals may generally be appealed. In certain proceedings before the GPTO, the applicant may first file a request for reconsideration (Erinnerung) by the (supervising) examiner. Decisions of the GPTO and, where applicable, the Federal Patent Court are subject to further review under the applicable procedural rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the current application and renewal fees for each of these intellectual property rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The following provides a brief overview of the official fees payable before the German Patent and Trade Mark Office (DPMA) only.<\/p>\n<p><strong>Application fees:<\/strong><\/p>\n<ul>\n<li>Patents: 40 EUR (electronic registration)\/ 60 EUR (paper registration) (if applicable: extra fees for applications with more than 10 claims) + research and examination fees<\/li>\n<li>Utility model: 30 EUR (electronic registration)\/ 40 EUR (paper registration); research (optional): 250 EUR<\/li>\n<li>Trademarks: 290 EUR (electronic registration) incl. 3 nice classes\/ 300 EUR (paper registration); 100 EUR additional fee per each extra nice class<\/li>\n<li>Design rights: 60 EUR (electronic registration) 70 EUR (paper registration)<\/li>\n<\/ul>\n<p><strong>Renewal fees:<\/strong><\/p>\n<ul>\n<li>Patent: Annual renewal fees are payable from the 3rd year onwards. Current fees begin at \u20ac70 for the 3rd and 4th years, \u20ac100 for the 5th year and \u20ac150 for the 6th year, increasing progressively thereafter until the 20th year.<\/li>\n<li>Utility model: The renewal fees are as follows: For years 4 to 6: 210 EUR; for years 7 and 8: 350 EUR; for years 9 and 10: 530 EUR<\/li>\n<li>Trademarks: The renewal fees are as follows: 750 EUR for up to 3 nice classes (valid for 10 years); additional classes: 260 EUR per extra class<\/li>\n<li>Design rights: The renewal fees are as follows: For years 6 to 10: 90 EUR; for years 11 to 15: 120 EUR; for years 16 to 20: 150 EUR; for years 21 to 25: 180 EUR<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the consequences of a failure to pay any renewal fees and what (if any) steps can be taken to remedy a failure to pay renewal fees?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Patents: If an annual renewal fee is not paid in full and by the due date, the patent owner may still make payment during the statutory grace period. The fee may be paid within two months after the due date without surcharge and for a further four months upon payment of a late-payment surcharge of EUR 50. If the renewal fee remains unpaid after expiry of these periods, the patent lapses.<\/p>\n<p>Trademarks: A trademark registration expires if the renewal fee is not paid in full and on time. However, the fee may still be paid within a six-month grace period upon payment of an additional fee of EUR 50 per class. Once this grace period has expired, the trademark registration is irrevocably lost.<\/p>\n<p>Utility models: A utility model lapses if the renewal fee is not paid when due. The renewal fee may still be paid within two months after the due date without surcharge and for a further four months upon payment of an additional fee of EUR 50. Failure to make payment within these periods results in the lapse of the utility model.<\/p>\n<p>Designs: A registered design ceases to have effect if the renewal fee is not paid in time. The renewal fee may still be paid within two months after the due date without surcharge and for a further four months upon payment of an additional fee of EUR 50 per design. Failure to make payment within these periods results in the lapse of the design.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements to assign ownership of each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, no special formal requirements apply to the assignment or transfer of intellectual property rights. An important exception is copyright: under German law, copyright itself remains vested in the author and is not transferable. However, the author may grant or transfer rights for use and exploitation (Nutzungs- und Verwertungsrechte) of a copyright protected work, which enable third parties to commercially exploit the protected work.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The registration of a transfer of ownership is generally not a constitutive requirement for the validity of the transfer. Failure to register the transfer may, however, give rise to practical and procedural difficulties. While standing to sue in infringement proceedings depends on substantive ownership of the respective IP right rather than registration, the register entry creates a rebuttable presumption that the recorded proprietor is the lawful owner.<\/p>\n<p>However, there are exceptions, such as in Sec. 28 para. 2 of the German Trademark Act (MarkenG), under which the successor of a trademark, in proceedings before the GPTO, in appeal proceedings before the Federal Patent Court, or in appeal on points of law proceedings before the Federal Court of Justice, may only assert the right to protection of this trademark and the right arising from the registration from the time when the GPTO has received the request for the registration of the transfer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements to licence a third party to use each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>German law does not generally impose specific formal requirements on licence agreements. The principle of freedom of contract is applicable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a requirement to register a licence of any of these intellectual property rights and, if so, what is the consequence of failing to register?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no requirement to register a license, the license agreement is valid without a registration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed IP, and if so, how do those rights differ?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. German law generally distinguishes between exclusive and non-exclusive licensees with regard to enforcement rights. An exclusive licensee is, in principle, entitled to enforce the licensed IP right in its own name. Depending on the type of IP right, this entitlement may be subject to certain procedural requirements, such as first requesting the rights holder to take action within a reasonable period of time (see, e.g., Sec. 30 para. 3 sentence 2 of the German Trade Mark Act (MarkenG)). By contrast, a non-exclusive licensee will generally require the consent of the rights holder in order to enforce the licensed IP rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there criminal sanctions for infringement of any intellectual property rights, and if so, what are they and how are they invoked?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Patent: Sec. 142 PatG<\/p>\n<p>Trademarks: Sec. 143 MarkenG<\/p>\n<p>Designs: Sec. 51 DesignG<\/p>\n<p>Utility model: Sec. 25 GebrMG<\/p>\n<p>Criminal liability for the infringement of intellectual property rights generally requires intentional conduct by the infringer. As a rule, criminal proceedings are initiated only upon a criminal complaint filed by the injured party, unless the public prosecutor considers prosecution <em>ex officio<\/em> necessary due to a particular public interest. Where the infringement is committed on a commercial scale, theoretically no criminal complaint is required. In such cases, the offence may be prosecuted <em>ex officio<\/em> and is punishable by imprisonment of up to five years or a criminal fine.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other enforcement options are available for each of the intellectual property rights described in section A? For example, civil court proceedings, intellectual property office proceedings, administrative proceedings, alternative dispute resolution.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Germany, intellectual property rights may be enforced through (i) civil court proceedings, including interim injunction proceedings or inspection proceedings; there are specialized IP chambers at the Courts that deliver high quality judgements within a reasonably short period of time; (ii) administrative proceedings before the GPTO, such as opposition, cancellation and revocation proceedings; (iii) customs and border seizure procedures for suspected counterfeit or infringing goods; (iv) criminal proceedings for intentional infringement; and (v) alternative dispute resolution mechanisms such as mediation and arbitration, particularly in licensing and contractual disputes. However, civil litigation before specialist IP chambers remains the principal enforcement mechanism for patents, utility models, trademarks, designs, copyrights and trade secrets as well as against unfair imitations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the length and cost of such procedures?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>German IP litigation is generally regarded as efficient and comparatively swift, largely due to the high degree of specialisation of the competent courts. First-instance decisions are often rendered within approximately 12 months from the filing of the statement of claim, even in technically complex patent infringement cases. Appeal proceedings are likewise conducted expeditiously and typically take around 12 to 15 months, although some cases may require considerably more time.<\/p>\n<p>The German system also offers a comparatively predictable and moderate cost exposure. The unsuccessful party is generally required to bear the statutory court fees as well as the recoverable statutory legal fees of the prevailing party. These costs are calculated primarily on the basis of the value in dispute.<\/p>\n<p>By way of illustration, in a patent infringement action with a value in dispute of EUR\u00a01\u00a0million, the cost risk relating to court fees and the opposing party\u2019s statutory lawyer and patent attorney fees is approximately EUR 46,000 at first instance. In a trademark infringement case with a value in dispute of EUR 250,000, the risk for court fees and the opposing party\u2019s lawyer fees is approximately EUR 14,000. The parties\u2019 own legal fees are incurred in addition to these amounts.<\/p>\n<p>The value in dispute is generally indicated by the claimant. If there is not a fixed amount under dispute, there is no fixed formula for calculating the value in dispute, and the assessment is ultimately made on a case-by-case basis.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where court action is available, please provide details of which court(s) have jurisdiction, how to start proceedings, the basics of the procedure, the time to trial, the format of the trial, the time to judgment and award of relief and whether any appeal is available.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>IP infringement actions in Germany are generally brought before the Regional Courts (Landgerichte), which act as courts of first instance. Most Regional Courts competent for IP matters have specialised chambers dedicated to intellectual property disputes. Jurisdiction is generally established where the alleged infringement occurred. As IP infringements are often committed nationwide, claimants typically have a choice among several competent courts. The most frequented venues for IP litigation are Munich, Mannheim, D\u00fcsseldorf, Cologne, Hamburg and Frankfurt.<\/p>\n<p>Proceedings are commenced by filing a statement of claim, which is subsequently served on the defendant. If the defendant fails to notify the court within two weeks of service that it intends to defend the action, the court may issue a default judgment. If the defendant defends itself, it will submit a statement of defence, followed by a rejoinder from the claimant. Depending on the complexity of the case, further rounds of written submissions may follow.<\/p>\n<p>German infringement proceedings are largely front-loaded and place significant emphasis on written pleadings. Where the court schedules only a single main hearing, which is common practice, the oral hearing typically takes place approximately nine months after commencement of the proceedings. Alternatively, the court may convene an early hearing shortly after service of the statement of claim or following receipt of the statement of defence.<\/p>\n<p>At the oral hearing, the court will often provide a preliminary assessment of the factual and legal issues in dispute. Unless the parties are willing to explore settlement options, the hearing primarily serves to discuss the parties\u2019 arguments and the court\u2019s preliminary views. Judgments are usually handed down within one to three months after the hearing. In some courts, however, decisions may be handed down immediately at the end of the hearing. For example, the 7th Patent Infringement Chamber of the Munich I Regional Court makes use of this procedural option.<\/p>\n<p>First-instance judgments may be appealed to the competent Higher Regional Court (Oberlandesgericht). Decisions of the Higher Regional Courts may, subject to the applicable procedural requirements, be further appealed to the Federal Court of Justice (Bundesgerichtshof).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What customs procedures are available to stop the import and\/or export of infringing goods?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Germany offers comprehensive customs enforcement procedures under Regulation (EU) No. 608\/2013 and national legislation. Right holders may file either a national application (Germany only) or a Union application (covering multiple EU Member States) requesting customs authorities to detain goods suspected of infringing intellectual property rights. Customs may suspend release of goods, detain them, provide information and samples to the rights holder, and facilitate the destruction of infringing goods. These measures are available for patents, utility models, trademarks, copyrights, designs and may be used alongside civil and criminal enforcement proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Germany, IP infringement proceedings are typically preceded by a warning letter (Abmahnung). Through this letter, the alleged infringer is informed of the asserted infringement and requested to cease the infringing conduct by signing a cease-and-desist declaration which is secured by a contractual penalty in the event of future violations. Further, according to Federal Court of Justice case law, such cease-and-desist declaration may also include certain recall obligations relating to past infringements.<\/p>\n<p>This mechanism resolves a significant number of IP disputes without court involvement. It also serves an important procedural function: if a claimant initiates court proceedings without first issuing a warning letter and the defendant immediately acknowledges the claim, the claimant may be required to bear the statutory fees of the proceedings. Accordingly, a prior warning letter is often essential from a cost perspective.<\/p>\n<p>At the same time, warning letters must be drafted and used with considerable care. Under German law, an unjustified or otherwise unlawful warning letter may give rise to liability on the part of the sender, particularly where customers, distributors or other business partners of a manufacturer are targeted. Compliance with the applicable legal requirements is therefore crucial when issuing such letters.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What options are available to settle intellectual property disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>\u2022 Out of court settlements (between the parties or before mediators)<\/p>\n<p>\u2022 Settlements concluded at Court<\/p>\n<p>\u2022 Settlements concluded before special mediation judges in parallel to IP infringement proceedings<\/p>\n<p>\u2022 At the UPC the Patent Mediation and Arbitration Centre which was recently opened provides valuable possibilities to settle complex IP disputes<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required to establish infringement of each of the intellectual property rights described in section A? What evidence is necessary in this context?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, German courts require comparatively little formal evidence and are well equipped to decide a broad range of issues that, in other jurisdictions, might necessitate extensive evidentiary proceedings, including expert testimony on complex technical matters. In many cases, it is therefore sufficient to present detailed evidence of the allegedly infringing product or process, together with evidence of the infringing acts committed by the alleged infringer.<\/p>\n<p>Patents: To establish patent infringement, whether direct or indirect under Sec. 9 and 10 of the German Patent Act (PatG), the court must first interpret the patent claims in order to determine the scope of protection and then assess whether the infringing embodiment falls within that scope. From an evidentiary perspective, the claimant must demonstrate how the infringing embodiment functions. However, German courts rarely rely on expert opinions for this purpose. Instead, evidence such as advertising materials, catalogues, technical documentation, detailed product descriptions based on photographs, or the presentation of a sample product to the court will often suffice. The claimant must also prove the relevant infringing acts. In cases of direct infringement under Sec. 9 of the German Patent Act (PatG), these may include, for example, manufacturing, using, offering, marketing, or importing the infringing embodiment. In cases of indirect infringement under Sec. 10 of the German Patent Act (PatG), the claimant must show that the alleged infringer supplied or offered to supply means relating to an essential element of the invention.<\/p>\n<p>Utility models: For establishing infringement claims based on utility models, the above-mentioned principles for patents apply as well.<\/p>\n<p>Trademarks: In trademark infringement proceedings, the claimant must provide evidence of the infringing acts, namely the use of a sign in relation to specific goods and\/or services. Whether such use constitutes an identical use or creates a likelihood of confusion with the claimant&#8217;s trademark is primarily a question of law and therefore generally does not require further evidence. If the alleged infringer raises a defence of non-use and the asserted trademark is subject to the requirement to prove genuine use, the trademark proprietor must provide comprehensive evidence demonstrating genuine use of the trademark for all goods and\/or services for which protection is claimed.<\/p>\n<p>Designs: In design cases, the proprietor must show that the allegedly infringing design creates the same overall impression on the informed user or otherwise falls within the scope of protection. In order to do so, the proprietor must first define the scope of protection of its design, which may require reference to existing designs at the priority date. The proprietor must also provide evidence of infringing acts by the alleged infringer, such as offering or selling the allegedly infringing design. Whether the allegedly infringing design falls within the protected design\u2019s scope of protection is then generally a question of law and does not require further evidence. Where an unregistered EU design right is asserted, proof of ownership may require particular attention with regard to the evidentiary situation.<\/p>\n<p>Copyright: Because copyright is not registered, proving ownership and providing supportive evidence usually requires closer attention than for registered IP rights. If that hurdle was passed, the copyright owner must show that its work qualifies for protection under the German Act on Copyright and Related Rights (UrhG), in particular by showing that the work is an intellectual creation. Further, the copyright owner must provide evidence of the allegedly infringing work and infringing acts, such as reproduction, distribution, or making the work available to the public, etc. by the alleged infringer. The question whether the allegedly infringing work actually infringes the protected works is then generally a question of law which does not require further evidence.<\/p>\n<p>Protection against unfair imitations: To establish infringement, the claimant must first define the scope of protection of the original product or design. This requires evidence that the original has competitive distinctiveness compared to similar products or designs on the market. The competitive distinctiveness may be larger if the original has achieved market success, which may be shown through sales figures, awards or similar evidence. The claimant must then provide detailed evidence of the allegedly infringing imitation and show that it is identical, or at least highly similar, to the original. In addition, one of the following requirements must be met: (1.) avoidable deception of the purchaser regarding the commercial origin of the imitation, (2.) unreasonably exploitation or impairment of the original, or that (3.) the imitations were made based on knowledge of documents that where obtained dishonestly. Depending on the circumstances of the case, each of these requirements may require further evidence.<\/p>\n<p>Trade Secrets: To establish infringement, the claimant must first prove that the relevant information qualifies as a trade secret within the meaning of Sec. 2 no. 1 of the German Trade Secrets Act (GeschGehG). This especially requires proving that that the information (1.) is not, as a whole or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question and is thus of economic value, (2.) has been subject to reasonable steps under the circumstances, by its lawful holder, to maintain secrecy, and (3.) that there is a legitimate interest in maintaining secrecy. Such evidence may often be obtained through criminal investigations. For this reason, a criminal complaint is often filed before civil proceedings are commenced, in order to trigger a criminal investigation and a search of the alleged infringer\u2019s premises.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so? In particular a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and\/or parties\u2019 expert witness evidence? b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>German infringement proceedings are governed by the principle of party presentation. The court generally considers only the facts submitted by the parties and relies on their pleadings and evidence. If disputed facts or technical issues cannot be resolved on that basis alone, the court may take formal evidence, including by appointing a court expert, provided that a party has requested this. In practice, however, court experts are rarely used in German IP infringement proceedings. Party-appointed experts are not treated as formal evidence in German infringement proceedings but are considered regular party statements.<\/p>\n<p>German infringement proceedings do not comprise a disclosure or discovery proceeding compared to the US practice for example. However, theoretically Sec. 142 of the German Code of Civil Procedure (ZPO) allows the Court to request certain documents from the parties. Further, Sec. 423 et seq. of the German Code of Civil Procedure (ZPO) allow a party to request that the opponent produces evidence for proving specific facts that are under dispute between the parties. However, these measures are limited, rarely used, and therefore do not play a relevant role in German infringement proceedings.<\/p>\n<p>In UPC proceedings, there are broader possibilities to obtain evidence from the opponent, e.g. by requesting the production of evidence pursuant to Art. 59 UPCA. However, in practice these measures have not yet proved to be a game changer compared with German proceedings.<\/p>\n<p>Furthermore, both UPC proceedings and German national infringement proceedings provide for inspection proceedings, which are a powerful tool for obtaining evidence, particularly before formal infringement proceedings are initiated. These proceedings can be used to obtain missing evidence needed to prove actual IP right infringement or, before the UPC, patent infringement. On the basis of an <em>ex parte<\/em> interim order, inspection proceedings may even allow entry onto the alleged infringer\u2019s premises in order to prevent the prior destruction of evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In German civil proceedings, documentary evidence plays a central role. Written expert reports may be submitted and witnesses may be summoned, but this is less common in IP infringement proceedings. Court-appointed experts and witnesses may be questioned by the court and the parties during the oral hearing. However, this does not amount to cross-examination in the common-law sense, as the court conducts and controls the questioning.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What defences to infringement are available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Of course, arguing against the legal requirements of the IP right infringement is the most relevant defence.<\/p>\n<p>Across all areas of intellectual property law, and not only in patent litigation, a key defence is that the asserted IP right lacks validity. Depending on the right at issue, validity may be challenged either within the infringement proceedings or by way of separate invalidity proceedings before the competent court or the German Patent and Trade Mark Office (GPTO).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who can challenge each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any person may bring an invalidity attack against a patent, utility model, design, or a trademark. By contrast, protection against unfair imitations and trade secret protection are not IP rights in the strict sense and therefore cannot be challenged independently. Such protection or claims resulting from it can generally be contested only if they are asserted as the basis of a claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">When may a challenge to these intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Patent: Nullity actions may be filed at any time after the patent was granted and even after its lapse. An opposition may be filed withing 9 months after publication, Sec. 59 para. 1 of the German Patent Act (PatG).<\/p>\n<p>Trademarks: Actions may be filed at any time. Opposition proceedings must be filed within 3 months after publication, Sec. 42 para. 1 of the German Trademark Act (MarkenG).<\/p>\n<p>Utility models: Actions may be filed within any time after registration and even after its lapse.<\/p>\n<p>Designs: Actions may be filed within any time after registration and even after its lapse.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly, what is the forum and the procedure for challenging each of these intellectual property rights and what are the grounds for a finding of invalidity of each of these intellectual property rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Patent: Nullity actions are handled by the Federal Patent Court.<\/p>\n<p>Trademarks: Cancellation requests are handled by the German Patent and Trademark Office (GPTO); the appeal is handled by the Federal Patent Court.<\/p>\n<p>Utility model: Cancellation requests are handled by the German Patent and Trademark Office (GPTO). Further, a defendant in infringement proceedings may raise an invalidity defence, in which case the infringement court must assess the validity of the utility model.<\/p>\n<p>Designs: Cancellation requests are handled by the German Patent and Trademark Office (GPTO). Invalidity actions are handled by the Regional Courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any other methods to remove or limit the effect of any of the intellectual property rights described in section A, for example, declaratory relief or licences of right?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A trademark can be challenged on the grounds of revocation for non-use if it has not been put to genuine use for an uninterrupted period of five years in relation to the goods or services for which it is registered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies (both interim and final) are available for infringement of each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The principal interim remedy is a preliminary injunction (<em>einstweilige Verf\u00fcgung<\/em>). A preliminary injunction may be granted where the claimant can establish, on a <em>prima facie<\/em> basis, the existence of the intellectual property right, infringement, and the need for urgent relief. Urgency is generally presumed if, depending on the chosen court venue, the IP right proprietor has not been aware of the IP infringement for more than one or two months. German courts regularly grant <em>ex parte<\/em> injunctions for IP infringement.<\/p>\n<p>Furthermore, main infringement proceedings that may result in final infringement decisions often follow interim proceedings. Unlike interim proceedings, they allow the claimant to pursue all relevant remedies, such as claims for information and rendering of accounts, destruction, recall, damages, etc., rather than injunctive relief only.<\/p>\n<p>Where IP infringement appears likely but remains uncertain, both the German system and the UPC provide for inspection proceedings. In Germany, these proceedings essentially combine an <em>ex parte<\/em> injunction and an independent evidentiary proceeding. They may allow, among other things, a search of the alleged infringer\u2019s premises to obtain the evidence needed to prove the infringement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court fees and statutory attorney fees are calculated based on the value in dispute. The latter is indicated by the claimant whereby there are no strict rules for calculation of the value in dispute, except for payment claims. The losing party must bear statutory court fees and the statutory opposing party\u2019s attorney fees.<\/p>\n<p>Security for costs can only be requested by the defendant if a plaintiff does not have its habitual place of residence in a Member State of the European Union or in a signatory state of the Agreement on the European Economic Area. The security can be provided by cash deposit to the Court\u2019s cashier or by way of a bank guarantee. The security generally covers the expected costs of the defendant for the first instance and parts of the second instance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6493<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/148370","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=148370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}