Intellectual Property Rights (IPR)

Working in Europe | Intellectual Property Rights | Germany

In Germany, intellectual property is protected from imitation through the granting of property rights. The following property rights are differentiated between:

  • Patents (protection of new technical inventions)
  • Utility models (protection of technical innovations; in contrast to a patent, purely a registered right)
  • Industrial designs (protection of designs, patterns and models)
  • Trade marks (e.g. word and figurative marks)

Where the property rights are registered depends on the type of protection sought. If the German market suffices, you can approach the German Patent and Trade Mark Office. Protection at European level can be sought at the European Patent Office. The World Intellectual Property Organization (WIPO) additionally offers international patent protection.

Handling of intellectual property rights in Germany

On principle, researchers should ask their employers at an early stage about the handling of intellectual property, patents and inventions.

At institutions of higher education and research institutions in Germany it is usual to comply with the German Research Foundation's (DFG) "Safeguarding Good Scientific Practice", which is supposed to safeguard good scientific practice.


Pursuant to § 5 of the German Law on Employee Inventions ("Arbeitnehmererfindungsgesetz"), the employer must be informed of all inventions made during employment under private law.

According to this law, the employer is in principle entitled to claim the invention, and the employee is merely entitled to claim reasonable compensation. However, this only applies for so-called service inventions ("Diensterfindungen") made during the period of employment either arising from the employee's role at the company or based to a significant extent on the company's experience or work. The employer's contribution to the invention is thus taken into account. All other inventions are so-called free inventions ("freie Erfindungen"). The employee is obliged to offer the employer at least a "non-exclusive" right to use the invention on reasonable terms if it falls within the scope of the employer's business operations.

Deviating from this, the employer is also able to claim a share in employees' earnings if this was agreed beforehand or to impose restrictions in the case of inventions by employees in public services pursuant to § 40 of the Law on Employee Inventions. These additional provisions apply for employment relationships in the enterprises and administration of corporations, institutions and foundations under public law.

With regard to inventions at universities, certain privileges exist for employees pursuant to § 42 of the Law on Employee Inventions. They are permitted to publish their inventions within the scope of their teaching and research work insofar as the employer (federal state or university) is informed of this in a timely manner. If there is no intention to publish the invention, there is also no requirement to inform the employer. Should the employer lay claim to the invention, the inventor retains a non-exclusive right to usage within the scope of their teaching and research work.

If the employer ultimately utilises the invention, a fixed 30 % of the earnings generated must be paid to the inventor by way of compensation.

 

Further Information