IP, IT, Commercial

IP/Commercial Legal Protection/Food Law

Commercial Legal Protection – We protect your success

Whether it be patents, utility models or industrial designs, brands and licenses – it is extremely important for companies to take advantage of their competitive edge through industrial property rights and to enforce existing property rights.

Protection of Industrial Property Rights

ARNECKE SIBETH DABELSTEIN offers the whole spectrum of branding services as well as the conception and development of international brand portfolios. We represent our clients, register German brands, EU brands, as well as handle international registrations at WIPO. We conduct trademark searches, monitor registered trademarks and represent our clients in opposition proceedings. ARNECKE SIBETH DABELSTEIN works closely with renowned patent attorneys for the registration of patents, utility models and industrial designs.

Licensing Law – We get you into business

The utilisation and protection of intellectual property have an important significance for the success of a company. Accordingly, licensing transactions are becoming more and more important. In the course of globalisation and progressive economic networking, however, these are becoming increasingly complex. Know-how and a sense of balance continue to gain importance. The agreements usually cover various forms, from licensing, sales, and sponsorship contracts (see also sports, media and entertainment), to franchising, cross-promotion, and all the way to cooperation of research and development or technology transfers.

ARNECKE SIBETH DABELSTEIN lawyers hold many years of experience in this field and serve their clients in the negotiation and implementation of all relevant case situations.

Enforcement of Industrial Property Rights/Protection and Defence of Third Party Rights Claims – Protection of your rights

Because industrial property rights are of high value, they must be protected against infringers. The enforcement of existing claims against infringers is usually done by a formal warning, injunction and, when necessary, with the execution of court proceedings.

In cases of product and brand piracy, border seizure is a quick and effective means to stop infringed goods from circulation. ARNECKE SIBETH DABELSTEIN has been in this field for decades and has the necessary expertise to enforce border seizure quickly and efficiently. In international cases, we access a network of renowned law firms, guaranteeing the protection of our client’s intellectual property even outside of Germany.

ARNECKE SIBETH DABELSTEIN is especially engaged in the area of protection against product and brand piracy, e.g. supporting “Frankfurt Trade Show Against Copying” and “Plagiarius e. V.” associations. In its published brochure, “Messe Frankfurt Against Copying” mentions ARNECKE SIBETH DABELSTEIN as one of the recommended law firms.

In a globalised world like ours, chances are high to be confronted with third-party intellectual property rights claims. In this case, ARNECKE SIBETH DABELSTEIN provides help quickly and effectively. Protection documents and demarcation agreements are our first course of action, provided that mutual agreement failed.

Competition Law and Advertising Law – we are creative for you.

The objective of any commercial business is to increase revenue. In order to do so, customers must be convinced of the quality of the products, their good value-for-money ratio along with many other factors.

The creativity of marketing and sales is heavily regulated – even if a certain degree of “deregulation” could be observed recently. We explore these boundries together with our clients and – in the event of unfair competition by a competitor – enforce existing rights in swiftly.

Further, we advise communications-, advertising- and marketing agencies on the drafting of agency contracts as well as in the conceptualization and implementation of individual projects for their customers, including the advice on the pertaining contractual structures. Is our aim to match our legal creativity with the that expected by our clients’ creativity departments. In addition to general standards this applies especially to “new media” and communication innovations.

New media generate new forms of marketing. The struggle for attention on the web results in search engine optimisation, Google ads, meta tags and keyword stuffing. Dialog marketing uses SMS, email and newsletters for direct addressing. Pop-ups, cookies and data mining optimise access to potential customers and their preferences. But is any of this legal? What does the new UWG (German Unfair Competition Act) legislation has to say to this? What are the legal parameters to be observed pursuant to the new BDSG (German Date Protection Act), e. g. in respect of mail marketing and data warehousing? Which ways of communication are available in other media and to what extent? We know the answers!

Our competition and advertising law advice includes:

  • Enforcement of and defence against injunctions, claims for disclosure, and claims for damages
  • Review of communication-, advertising- and marketing concepts
  • Drafting of agency contracts

Food and Feed Law

Our practice covers all areas of German and European food and feed law. Our work comprises the entire food cycle, from product development, labelling and advertising to the forceful representation against competitors and authorities as well as in court.

We advise in the demarcation of foods to drugs, cosmetics, medical devices etc. We have specialist also in the bordering areas such as pharmaceutical law, medical devices law, food contract material and consumer product law, cosmetics law, animal feed law and law on chemicals. We are experienced in particular in the admission and marketability (food legislation testing the marketability of foods and dietary supplements). Further, we provide our clients with legal advice on labelling and advertising of foodstuff, in particular health claims, and for the import & export of food and dietary supplements.

We represent our clients in court and before the authorities in case of a complaint and in order to get a permission to bring the food stuff on the market. Moreover, we provide our clients with general rulings for food stuff manufacturers in the EU. We also prevent unfair practices of competitors in the marketing of foods effectively; in particular of interim injunctions which are enforceable within days to stop the competitor in the most efficient way. The interim legal protection in Germany is a great benefit of the German litigation system in comparison to most other European Countries.

We support your company’s compliance with complex food law requirements by designing compliance measures. Also, we assist in the defence of recalls, public warnings and consumer requests and defend in criminal proceedings and administrative penalties associated with food. In addition, due to our profound knowledge of the food market we are able to tailor-made contracts for food retailer’s needs (purchasing condition, contract manufacturing agreement, sales contracts, terms and conditions, online contracts and the like).

  • We obtained several general rulings form the BVL (Federal Office for Consumer Protection and Food Safety) for various food stuff producers – among others a leading beverage manufacturer from Sweden – so that the food stuff got its necessary marketability granted.
  • We successfully defended against complaints from regulatory authorities and prevented   of food stuff recalls and public warnings for one of the world leading
Hamburger Allee 4
60486 Frankfurt am Main
Oberanger 34–36
80331 Munich
Große Elbstraße 36
22767 Hamburg
Kurfürstendamm 54/55
10707 Berlin
Am alten Handelshafen 3a
26787 Leer
Am Brauhaus 1
01099 Dresden