The Vocabulary

At adares, a qualified end experienced team comprising patent attorneys and attorneys at law meets the challenge of providing accurate and in time advice on legal as well as technical matters. We possess technical expertise in most fields of engineering, chemistry life sciences and applied physics.

 

Patents and Utility Models

By means of patents and utility models, technical innovations such as methods, devices and materials are protected along with their applications. The transition to management operations and design is seamless and must be considered on a case-by-case basis.

Standing shoulder-to-shoulder with you, we will identify the essence of your inventions. If necessary, we will conduct a preliminary survey of the relevant state-of-the-art in order to ensure the ideal positioning of your patent or utility model application. As a matter of course, we attend to all national, European and international application processes.

We have a wealth of experience in the investigation and analysis of extensive and complex intellectual property rights scenarios. Opinions that we furnish within the scope of a “patent clearing” (for products) or “freedom-to-operate analysis” (for fields of technology) are thourogh and pragmatic interpretations of the risks posed by infringement of intellectual property rights. You receive goal-oriented legal advice with an eye to what is economically possible and reasonable for you.

In line with such opinions, critical patent applications from your competitors must be monitored even before patents are granted to determine if, and to what extent, the development of legally valid and enforceable patents seems probable. By monitoring critical patent applications and taking pre-emptive measures for opposition procedures, we flank the development and marketing of your technology against that of your competitors. By these measures we aim to create a “freedom-to-operate” situation for you.

 

Trademarks

A trademark is the good name of your product or service. It identifies you and distinguishes you from your competitors. For your customers, the trademark is a focal point and a representation of image-building values such as trust, quality and reliability.

Germany alone receives approximately 70,000 new trademark applications each year. The large number of existing trademarks requires an optimal positioning of your trademark. We can develop a tailor-made brand concept that will serve you into the future both at home and abroad.

Our experience and focused knowledge management guarantee solid support for your trademark application, opposition and registration procedures at the German Patent and Trademark Office, the Office for Harmonization in the Internal Market, and the World Intellectual Property Organization. We arrange for the registration and positioning of your trademarks in countries all over the world.

 

Protected Design

The design of an object – that is, its appearance, contours, color, form and surface structure – can be protected by a “design patent”.
The targeted design of your products can achieve a positive image transfer for your company. This affords you easier market access and creates a more distinctive “buying experience” for your customers, helping them to identify with your company. If your design is not protected, others can profit from your investments.
We apply for German, European and international design patents, appraise potential infringements and represent you in infringement proceedings.

 

Contract and Licensing Law

A license is a legal agreement granting the right to use intellectual property – a patent or a trademark, for example – for a license fee.

In many cases, licensing serves as a means for market expansion by bringing new products to the market or by bringing existing products to new markets or regions. In this way, the licensor gains a profitable source of income while a promising market opens up for the licensee. Your individual interests are authoritative as we draft and negotiate license contracts for you.

Together, we will help you find the intersection of the legally optimal, the economically sensible and the strategically wise. The same applies to contracts for the sale of intellectual property rights and to research-and-development agreements.

 

German Employee Inventions Act

Most inventions are made by employees. For many employers, that is a competitive advantage. In Germany, you must either comply with the provisions of the German Employee Invention Act or else run the risk of burdening the patenting and marketing of an invention with legal troubles that can have serious consequences for years to come.

We advise both employers and employees on all aspects of the German Employee Invention Act. Transnational companies and collaborations constantly must take appropriate steps to comply with the German Employee Invention Act.

With the help of checklists and suggestions for individual agreements between employers and employees, we offer you attractive possibilities for the utilization of your in-house creative potential. Create a customised incentive-program with us.

 

German Competition Protection Act

The German Competition Protection Act protects competition from unfair trade practices. Market liberalization entails the risk that some will abuse their freedom to harm competitors, consumers and the general public. The German Competition Protection Act covers every advertisement, from web sites to storefronts.

Unfair trade practices require an immediate response. Our strength lies in our ability to act quickly and flexibly. We can help you respond to your competitors’ unfair trade practices and ensure that your own business decisions comply with the German Competition Protection Act.

 

German Drug Advertising Law

Advertising for any product that claims to identify, cure or ease any illness is subject to the German Drug Advertising Law. It protects the health of individual consumers as well as the health of the general public, since the law places a premium on both infringements of the German Drug Advertising Law are considered inherently immoral.

Preventative advice is vital to avoid legal disputes involving the German Drug Advertising Law. Advertising investments should pay off in the market, not disappear due to attacks from your competitors. Simultaneously, it is imperative to prevent your competitors from disturbing your market position through unfair trade practices.

We can show you strategies to optimize the lawful marketing of your health products, or review your current strategies.

 

Attack and Defense

At adares, avoiding legal disputes through competent and forward-looking advice is a speciality. Often, amicable solutions that give fair consideration to the economic interests of both parties are more efficient than lengthy legal proceedings.

If a dispute cannot be avoided, a strategy must be developed with careful attention to the relevant circumstances and laws. We will help you analyze the potential legal scenarios, risks, and costs to determine whether your priority is saving time, profit, or image. At adares, your profitability undergirds every discussion.

In case of infringement of an intellectual property right – such as a patent or a trademark – or violation of the demands of fair competition, you can rely on our sound ability to represent your interests with all appropriate legal means. Notices, preliminary injunctions and lawsuits are proven means of prosecution. In these areas in particular, adares sets a high value on detail-oriented work to achieve a better result for you.

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