General protective rights in Germany derive e.g. from the law against unfair competition. The originater owns the "cultural" property right after finishing his creation, possibly as well for the work title. The law of copyrights protects also computer software and data bases. Protective right by use can be a well-known trade mark or a design for a certain product.
Industrial property rights arise mostly by application, registration or grant. They are usually restricted to a certain territory, so called principle of country protection.
Except of certain trade mark rights and comparable protective rights the protection is - for example against unauthorized use - time limited. Either because the legal fixed maximum duration of protection of the protective right is expired or the fees for maintenance, prolongation or renewal have not been payed for at all, not in time and/or not complete to the responsible department.
Industrial property rights, their extent of protection and costs for the execution and maintenance differ considerably due to the fact that some protective rights are examined and others are unexamined. The examination for protectability for unexamined protective rights is carried out only in the case of controversy. Therefore these hold substatial risks in view of the legal validity. On the other hand also examined protective rights - a granted patent - can be examined once more in the case of controversy.
Below you find an incomplete list of intellectual property rights for
- pharmaceuticals or phytopharmaceuticals as supplementary protection certificate
- designs, models, typographics
> as design right in DE
> as Community design right in EU
> according Hague Agreement international - labeling of services and/or goods as collective mark, trademark and/or
geographical indication in DE, EU,
or in additional countries by Madrid Agreement (MMA)
and by Madrid Protocol (PMMA) respectively - commercial indications and work titles by MarkenG in DE
- technical inventions by patent and utility model in DE,
by filing an international request for a patent in up to 180 countries at the WIPO
(as entitlement for granted regional and/or national patent) - topography according Halbleiterschutzgesetz or
- plant species and hybrids
> according Sortenschutzgesetz in DE
> according EGVO 2100/94 in EU
Please note the Legal Notices.
