Reliable competence is the product of many years of extensive practice. For more than 60 years, rospatt osten pross has been concerned exclusively with the enforcement of intellectual property rights.

We concentrate on litigation and the development of litigation strategies, particularly in cross-border proceedings, and on strategies in the area of product piracy, pro-active advice, appraisal of intellectual property rights, the structuring and negotiation of license and cooperation agreements, as well as on alternative dispute resolution, such as arbitration proceedings.

We act before the following courts and agencies:

  • All German District Courts
  • All German Regional Courts of Appeal
  • Germany's Federal Patent Court (BPatG)
  • Germany's Federal Supreme Court (nullity suits)
  • Court of First Instance of the European Communities (CFI)
  • Court of Justice of the European Communities (ECJ)
  • German Patent and Trademark Office (DPMA)
  • European Patent Office (EPO; Opposition Divisions, Boards of Appeal)
  • Office for Harmonization in the Internal Market (OHIM; trademarks, samples, models)
  • Criminal-prosecution, customs and finance authorities (product piracy)
  • Arbitral tribunals

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Industrial Property Rights and Related Fields
  • Patents
  • Utility Models
  • Supplementary Protection Certificates
  • Protection of Plant Varieties

With the deciphering of the genetic code, biotechnology has given technical progress a revolutionary boost. This has also meant breaking new ground in patent-law conflicts regarding vaccines, detection and manufacturing methods, among other things. The attorneys at rospatt osten pross have been involved from the outset in the legal developments pertaining to genetic patents.

rospatt osten pross is located in Europe's two most important venues for infringement proceedings in the field of industrial property rights. Approximately half of all the patent-infringement disputes in Europe are heard in Düsseldorf. Another significant venue for patent-infringement cases has emerged in Mannheim.

Our everyday practice includes: infringement disputes; opposition, nullity and cancellation proceedings; entitlement disputes; transfers of rights; and licensing. Our activities cover all fields of science and technology. Our clients currently include companies in the fields of aircraft manufacturing, aeronautics, biotechnology, chemistry, electrical equipment, machine tools and mechanical engineering, materials, medical technology, optics, pharmaceuticals, process engineering, satellite technology, semiconductor and computer technology, and mobile telecommunications.

Our excellent long-standing contacts with the best patent and IP attorneys in other countries ensure optimum litigation strategies for cross-border cases as well. In consultation with you, we coordinate the proceedings while you retain your personal contact at rospatt osten pross.

> Landmark Decisions in the Field of Patent Law
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Trademark Law
  • Trademarks
  • Corporate Names
  • Titles of works
  • Indications of Geographical Origin
  • Naming Rights

In Germany, everyone knows that blue gas stations sell gasoline produced by a particular company. Even so, on the basis of a decision by Germany's Federal Patent Court, the German Patent and Trademark Office refused to allow the color BLUE to be registered as a trademark. rospatt osten pross ultimately succeeded in having that ruling overturned.

Corporate names, trademarks and internet domain names are often a company's "heart and soul" and have a high material and immaterial value. The attorneys at rospatt osten pross assist you with their creativity and experience from the development of your trademark and trademark strategy to the national and international registration of the mark, and in asserting your rights to it and defending it against attacks by third parties. This includes: searching for any interfering trademarks; handling of application, registration, objection and cancellation proceedings; managing trademarks; appearing in trade sign disputes; advising on the further development of brands and assisting clients in surveys; preparing and executing transfers of rights, drafting licensing agreements, and also co-existence and prerogative agreements.

rospatt osten pross was counsel in the first case in which the European Court of Justice laid down the current bases of the distinctiveness of community trademarks. Pioneering work has been done by us in the area of trademark protection for advertising slogans and abstract color trademarks.

> Landmark Decisions in the Field of Trademark Law
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Design Protection
  • National and International Registered and Unregistered Designs
  • Copyrights
  • Protection against Imitation under Unfair-Competition Law

That a chair must stand on four legs was long considered a given fact in the western world. With the design of the first "free-swinging" chair with no hind legs, that truism became somewhat shaky. Is such a chair a work of art? rospatt osten pross persuaded the courts that it is, thereby gaining copyright protection for it until the year 2056.

rospatt osten pross represents your interests in all aspects of design protection. We serve design-oriented companies in such lines of business as clothing, jewelry, furniture, lighting, and arts and crafts. We also have clients in technical fields who frequently face special legal questions about the function-oriented design of their products.

In design-protection cases, the attorney must be able to steep himself in the industrial design of a product and understand exactly how it works. We always regard it as a challenge to be able to present even non-legal material in a straightforward way that builds a bridge, so to speak, from the design to the law and to the judges.

> Landmark Decisions in the Field of Design Protection
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Copyright Law
  • Copyrights
  • Personality Rights
  • General Personality Law
  • Related Protected Rights

A computer specialist switches jobs and goes to work for a competitor. A short time later he is accused of software theft by his former employer. Are the programs or stored files involved covered by copyright protection? What are the chances of obtaining evidence and enforcing the company’s rights? What is the appropriate course of action under civil law? And criminal law? A complicated subject with novel twists and turns that rospatt osten pross always approaches innovatively.

rospatt osten pross advises clients on all aspects of the protection, licensing, utilization and enforcement of copyrights and personality rights. We undertake the drafting of contracts and represent our clients in judicial and extrajudicial proceedings.

In this area we serve companies in the fields of computer software, media, music, publishing and advertising, as well as the originators of other protectable works. It is our task to come up with practical answers to new legal questions arising from ongoing technical and economic developments. In the light of modern digitization possibilities, our experience in dealing with industrial property rights is of particular value.

> Landmark Decisions in the Field of Copyright Law
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Unfair Competition Law
  • Advertising
  • Internet Platforms
  • Business Methods
  • Sales Events
  • Competition Regulatory Law

Those entitled to buy from a wholesale company can choose from a large selection of goods offered at low prices. But some customers take advantage of this by also buying things for their own private use. To what extent are such private purchases permissible? This is an area in which rospatt osten pross has conducted ground-breaking litigation.

Unfair competition law is ultimately judge-made law. Owing to harmonization efforts within the EU, it is subject to constant changes. Thanks to our extensive practice in this area, we are familiar with the current case law and have had experience with the competent courts throughout Germany. Our clients and their advertising agencies seek our advice preferably at the planning stage of their products, packaging and advertising campaigns.

We handle every type of case of unfair competition. This includes competition-relevant regulations such as those contained in the drug law, the pharmaceutical-advertising law and the law on human and animal feed. Our clients benefit from the unique scientific and technical understanding that the attorneys at rospatt osten pross have gained from their practice of patent law. Giving advice on advertising often requires excellent knowledge of trademark law, as well. We handle unfair competition disputes especially in the fields of telecommunications, pharmaceuticals, electronics, interior fittings and luxury goods.

> Landmark Decisions in the Field of Unfair Competition Law
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Antitrust Law
  • Cartel Agreements
  • Vertical Distributor Relationships
  • Restraint-of-Trade Strategies

"Electricity and phone" both from the same supplier. Competitors in the telecommunications industry were trying to block this innovation. rospatt osten pross spelled out to the court the advantages of this business model for the ultimate consumer and was thus able to thwart the attack.

The core competences of rospatt osten pross include the so-called "small" cartel law – the law governing cartels and behavior patterns violating cartel-law without merger control. We offer our clients early pro-active advice so that any cartel-law stumbling blocks can be eliminated in advance.

This area includes, first and foremost, advice concerning contract law in connection with cooperative arrangements and/or the granting of licenses. Other subjects are calls for boycotts or any legal obligation to accept contracts. From our litigation practice, we have the knowledge to identify at which points difficulties might occur and which structures have worked in the past.

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Product Liability
  • Product-Safety Obligations
  • Liability for Defective Products
  • Product Recall and Media Handling
  • Recourse against Suppliers

"Recommended by the following washing-machine manufacturers: ..." as an advertisement for a detergent? To what liability does a washing-machine manufacturer expose himself in entering such a cooperative arrangement with a detergent manufacturer? This is an area in which rospatt osten pross was commissioned to provide an expert opinion which formed the basis of the management's decision.

rospatt osten pross is familiar with the task of analyzing sets of scientific and technical facts. This is the first step in a legal assessment and in providing imaginative advice as to likely consequences. We advise our clients in advance of any liability problems and suggest product-safety measures.

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