A good introduction to IP, civil procedure, and arbitration in Germany

Abstract

There is very little literature on German IP law in English. This book promises, according to the publisher, to close that gap, having predominantly a practitioner audience in mind. The book covers, by way of an introduction, all aspects of German IP law. In addition to the salient categories (trade marks, designs, copyright and neighbouring rights, patents and utility models, plant varieties), specific emphasis is placed on enforcement, including the recent changes brought about by European legislation in that area. In addition, the editors provide basic information concerning practical enforcement by way of both judicial proceedings, including interim injunctions, and arbitration and mediation. Much of the text consists of a translation of each relevant German IP statute into English, complemented by a brilliant glossary. This is welcome and doubtless reflects a great deal of excellence and linguistic skill. Overall, the editors place much emphasis on the procedural and contentious aspects of enforcement. To that end, they provide the reader with textual samples of relevant legal documents such as briefs, tables of calculating court costs, and a highly commendable glossary of legal terms. These samples provide an impression of legal writing in Germany translated into English; the samples cannot, of course, be practically used by a UK practitioner to enter into communication with German courts. Likewise, arbitration and mediation aspects in IP cover much ground, certainly much more than would be expected in a volume primarily concerning IP law.