Doing Business in Germany: Consumer Sector - IP

Germany perspective

Germany should not be a blank spot on your company map. Located at the center of Continental Europe, it is the world’s fourth biggest economy and the home of some of the biggest companies in the world. It plays a key role in the EU and is a motor of the European economy.

At the same time, the consumer industry is one of Germany’s largest industries: with a population of almost 83 million, there is plenty of business to do. No surprise that every industry giant and numerous multinationals from all around the globe are present here. Whilst Germany has a well-organized legal system, it is dominated by a sometimes complex mix of national and EU legislation, and there are some significant legal pitfalls.

Whether a global player, a start-up, or a new market entrant, our guide will help you to smoothly conduct your consumer business in Germany, identify the legal snags, and determine how best to maneuver.

IP issues

Your IP assets make your business unique. Tapping into new technology, securing brand ambassadors, leveraging social media or stopping copycats, or counterfeiters – it’s all about IP. A noticeable number of the world’s most valuable consumer brands (Forbes, 2019) originate from Germany, including T-Mobile, adidas, Mercedes, and BMW. And with digitalization and the rise of artificial intelligence, patents are becoming increasingly important for the consumer industry, whether it is 3D printing, smart clothing, or connected household devices.

Across the life cycle of IP assets, from development to commercialization, and licensing through to maturity, in Germany, you will find a well-developed legal framework to build, manage, and enforce IP. Germany has always been a preferred forum for IP enforcement because it offers a number of effective legal remedies, such as preliminary injunctions, at predictable costs. These can be obtained on short notice, normally within a couple of days.

On the other hand, this is something that makes trademark clearance and freedom to operate analysis prior to product rollouts in Germany even more important.

Last but not least, German unfair competition law offers effective remedies against misleading advertising, false product labeling, and unfair imitation of product designs.

Next steps

For a wider legal perspective, please download the full guide. Further overviews cover consumer protection laws, supply chain issues, product regulation, data privacy issues, changing tariffs and customs, as well as other issues that could impact businesses looking to enter German consumer markets or conduct business in Germany.

Our first Doing Business publication, Doing Business in the U.S., is also available for download under Related links.

Authored by the Germany Consumer team