The German Intellectual Property Laws interface in many cases with the German Antitrust Law. Patents, trademarks and design as exclusive rights have a restrictive effect on competition per se. The legislator accepts these circumstances within certain limits to promote innovations.
We support our clients in resolving all legal antitrust questions. Thereby, we take into our consideration the opportunities and limits in dealing with the applicable so-called “Block Exemption Regulations” (e.g. the new rules for the assessment of technology transfer agreements under EU antitrust rules called “TTBER 2014”) and other European legal norms. The attorneys of IP Advocates focus especially on the contractual design of licence agreements as well as research and development contracts according to the provisions of the German and European Antitrust Law.
Our services also cover the draft of additional contract types in conformity with Antitrust Law, keeping in mind the Block Exemption Regulations that are applicable for the given situation. For instance, these include the draft of distribution contracts or the major agreements in the context of mergers and acquisitions (“M&A”).