Long before the sweeping triumph of the internet, a 1993 song by German pop group Die Prinzen predicted what lay ahead. In “Alles nur geklaut” (“All One Big Steal”), they sang “I write a hit / And the whole country sings along to it …” If only reality was that much fun. Plagiarism or intellectual property theft is the worst nightmare any inventor and designer can face. All those hours of hard work, all-nighters, first breakthroughs, and punishing failures are scarcely over, the joy of achievement scarcely tasted, before the very same product pops up for sale on the Internet, slightly modified and probably a whole lot cheaper. Welcome to the digital age, where imitation is seen as the easy option over laborious tinkering. Between 2011 and 2023, an amazing 10835 copyright-related crimes were recorded by the police in Germany alone (data from Statista). They include software piracy as well as infringements of copyright, trademark, industrial design, and patent laws. “Today more copying of intellectual property goes on than ever before,” confirms Dr. Udo W. Herberth, LL.M., partner at IP law firm Weickmann & Weickmann Patent- und Rechtsanwälte PartmbB. “On the other hand, copyright is also being enforced more effectively.” In addition, he points out that the legal costs of issuing warnings or cease-and-desist notices have been reduced, enabling creators to pursue copyright infringements without racking up heavy financial burdens.
Staying alert
We have evidently reached a crossroads. While the technical possibilities for imitating and marketing products have exploded, many creative minds see copyright law itself as nothing more than tiresome red tape – until they themselves feel the impact of infringements. Dr. Udo W. Herberth reassures that excellent protection is offered by design and trademark law, and points to the option of protecting non-registered designs in the EU under the Community Design unitary industrial design right: “Designers have three years to take action against identical imitation, even without having registered their design. They are not left defenseless in the face of product piracy.” It is useful to document the creative process in detail from the start. But how long does it take to register a design? “We can usually apply for registration on the same day,” says Herberth, “and registration goes through within a week, so we drive the procedure fairly fast. And we also develop the right strategy for designers, whatever their budgets.” So clients can take advantage of a full range of services, but are not obliged to do so. “We advise small-scale companies in line with their budget, laying down a firm foundation for their operations until they have established a solid portfolio or found an investor,” says the European trademark and design attorney.
Design registration provides broad protection for up to 25 years. Once in the keeping of the relevant offices, it protects the external appearance of the design against imitation provided the design is novel and has individual character. Trademark law is the flagship of industrial property rights. In Herberth’s view, a “properly registered brand” is basically protected for all eternity, because – unlike patent, utility model, design, and copyright laws – trademark protection can be infinitely extended.
On equal footing
The digital world has accelerated the pace in many areas. Plagiarism and imitations of industrial property are appearing more rapidly than ever before, while enforcing copyright law is made harder by the geographical distance alone. The design community is also reacting faster to imitations and calling them out. However, while social media campaigns highlighting infringements may be very effective, they are no replacement for solid legal foundations. Protection of intellectual property remains crucial in a world full of platforms where a copy may be just a click away from the original. Dr. Udo W. Herberth therefore communicates in depth with his clients to clarify the legal niceties of the situation and ensure their wishes are reflected. Designers seeking to avoid lengthy legal wrangles are well advised to seek out attorneys with experience in the fields of patent and industrial property rights. “We act on equal footing with creative developers, to achieve the result of valuable IP protection,” says the attorney, and laughs, “Sometimes we’re like midwives, helping new ideas to see the light of day. And because we’re constantly confronted with innovation, we always have our fingers on the pulse.” Law firm Weickmann & Weickmann has been advising its global clients on all aspects of industrial property law since 1882 and has an extensive international network. The goal is clear: creating bespoke protection for smart ideas.
