By Manuela Finger 

Introduction

Germany is traditionally one of the most important markets for Chinese companies when it comes to IP. The number of Chinese companies targeting Germany to procure technology or to undertake M&A transactions is constantly increasing.

At the same time, the German IP enforcement system is having a considerable impact on doing business in Germany. On the one hand, it provides an efficient tool for rights owners while, on the other, the expeditious German enforcement system can have a severe commercial impact on newcomers to the market who may suffer in exhibitions in Germany from actions of rights owners. There are even court cases between Chinese companies and between other multinational companies that take place in Germany, possibly due to Germany’s IP enforcement system being recognised as effective and efficient. This brings both advantages and risks.

This article explains the German IP enforcement system and the most important aspects that both rights owners and potential defendants in IP disputes should consider when conducting IP-related business in Germany.
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