Intellectual Property Law
Experienced attorneys with international experience
Whether you are engaging in an M&A transaction, restructuring your own company or evaluating asset values, IP audits help provide insight for better decision making and greater returns. Without the benefit of an IP audit, companies often sell their Intellectual Property rights for less than it is worth. We can help you get greater insight into your IP portfolio so that you achieve a return that reflects the actual value of your IP assets. Our attorneys are licensed in Germany and we have partner firms throughout the world. Working together, we can help ensure that your IP audit is efficient, cost-effective and comprehensive.
IP audits and IP due diligence
Intellectual property (IP) is usually among the most important, high-value assets that any company holds. As a result, IP audits and IP due diligence are often critical to the success of an M&A transaction. IP audits and due diligence will help you to understand risks and opportunities related to patents held by your own and/or the target company, allowing for more informed and accurate decision making.
Trademark law & trademark protection in Germany
Regular and vigilant investigation and elimination of incidents of trademark infringement are essential to protecting your company’s rights and interests. But not every violation calls for the same solution. Drawing on their experience representing German and foreign companies in matters regarding trademark law throughout the world, WINHELLER’s attorneys can recommend the strategy best suited to your particular situation.
We also provide advice and support in complex matters requiring a high degree of technical expertise and entrepreneurial foresight. And we can assist with applications for trademark protection in Germany (German Patent and Trade Mark Office), at the EU level (European Union Intellectual Property Office - EUIPO) or worldwide (WIPO).
Protecting your design has two simple advantages for you: others can see who owns the design and you can monetize your Intellectual Property. If another person or party infringes upon your IP, design registration can prove your ownership of the design at issue and provide the groundwork for legal redress.
Patents and utility models
A utility model is similar to a patent; both protect inventions or at least their owners’ right to assert and monetize ownership. A utility model expires sooner than a patent, but can also be more easily obtained. We can help you file for either – in Germany, before the EU or globally.
IP due diligence
If you are considering buying a new company or a patent portfolio, it is important to remember that buying IP entails opportunities and risks. We therefore advise our clients to carefully examine IP risks before consummating a deal that may have unexpected consequences. If you are considering purchasing a company or a patent portfolio we can advise you on all relevant IP matters so that you have full insight into all matters affecting valuation, including the risks.
Licensing agreements allow for the monetization of IP rights without an outright sale. Licensing agreements can be particularly helpful when the future value of an IP asset is expected to rise or a company holds a portfolio of IP that is not being properly monetized. However, licensing agreements should be carefully drafted to ensure maximum monetization and the retention of key rights. If you are considering entering into licensing agreements we can advise you on the options and can also help finalize the deal by assisting with negotiations and the drafting of the licensing agreements.