Chambers & Partners 2016

Chambers Global

Rankings:
Intellectual Property: Patent Litigation (Band 3)
Intellectual Property: Trade Mark & Unfair Competition (Band 3)

Intellectual Property - Germany

What the team is known for Often represents international clients, frequently from France, in cross-border matters. Highly regarded in patent litigation as well as in trade mark law.

Patent litigator Olaf Giebe predominantly represents clients in the technology, pharmaceuticals and engineering sectors and is described by peers as "the highest-regarded lawyer in this field." He recently represented Tyco Fire & Security in a patent infringement dispute regarding a magnetomechanical electronic surveillance system. One client states: "He is very eloquent. He states the facts in a clear way so that people can easily understand. He speaks the language of judges."

Ralf Hackbarth is frequently seen advising on international trade mark issues and Europe-wide enforcement of design rights. He advises BMW on infringement actions against manufacturers of replica rims. One client notes that "he argues very clearly and to the point."

Michael Nieder is noted for his long-standing experience in patent litigation. One interviewee remarks: "He is a good fighter and very fair." He recently represented Bulthaup in a EUR500,000 ownership dispute with Rehau regarding a laser technology patent used in furniture manufacturing.

Clients praise Constantin Kurtz for his strong abilities in technology and design patents. He recently advised Fischerwerke on an infringement of a fastening device for thermal insulation. One client states: "He is clear in his formulations, provides thought-through work and is very personable."

Ranked Lawyers:


Chambers Europe

Rankings:
Intellectual Property: Patent Litigation (Band 2)
Intellectual Property: Trade Mark & Unfair Competition (Band 3)

Basic facts about the department
- 12 partners
- 6 other qualified lawyers

What the team is known for Respected firm with IP teams in its Düsseldorf and Munich offices. Strongly committed to IP services and highly regarded in patent litigation as well as in trade mark law. Active patent team representing clients from the technology, pharmaceutical and industrial design sectors in disputes. Advises several well-established retail brands on trade mark filings and litigation.

Strengths (Quotes mainly from clients)

“It is an outstanding group of lawyers. They have a target-oriented approach to negotiating contracts, which is very helpful for entrepreneurs. They work in a diligent manner and deliver excellent advice in a short period of time.”

“The lawyers know our company well, their drafts are clear and they give precise advice. What they predict is normally the outcome.”

Work highlights Assisted BMW with permanent strategic planning and infringement actions against replica rims in Germany, Spain, Italy, Austria and the United Kingdom.

Recently defended ZTE in an alleged patent infringement action.

Notable practitioners  

Patent litigator Olaf Giebe predominantly represents clients from the technology, pharmaceuticals and engineering sectors and is described by peers as "the highest-regarded lawyer in this field." He recently represented Tyco Fire & Security in a patent infringement dispute regarding a magnetomechanical electronic surveillance system. One client states: "He is very eloquent. He states the facts in a clear way so that people can easily understand. He speaks the language of judges."

Ralf Hackbarth is frequently seen advising on international trade mark issues and Europe-wide enforcement of design rights. He advises BMW on infringement actions against manufacturers of replica rims. One client notes: "He argues very clearly and to the point."

Michael Nieder is noted for his long-standing experience in patent litigation. One interviewee remarks: "He is a good fighter and very fair." He recently represented Bulthaup in a EUR500,000 ownership dispute with Rehau regarding a laser technology patent used in furniture manufacturing.

Clients praise Constantin Kurtz for his strong abilities in technology and design patents. He recently advised Fischerwerke on an infringement of a fastening device for thermal insulation. One client states: "He is clear in his formulations, provides thought-through work and is very personable."

Significant clients SRAM, 3M, DFB, Longchamp, Ritzenhoff & Breker.


Lawyers - Ranked Individuals:

Olaf Giebe
Ranking: Intellectual Property: Patent Litigation (Band 1)

Ralf Hackbarth
Ranking: Intellectual Property: Trade Mark & Unfair Competition (Band 2)

Michael Nieder
Ranking: Intellectual Property: Patent Litigation (Band 3)

Constantin Kurtz
Ranking: Intellectual Property: Patent Litigation (Up and Coming)


Firm profile:

Firm Overview: KLAKA is a highly specialised law firm with offices in Düsseldorf and Munich. With its 17 lawyers, the law firm concentrates almost exclusively on intellectual property. In this field of expertise, the firm is highly regarded nationally and internationally for its dedicated, experienced work in court and out of court. Through contributions made in expert committees, lectures and publications, the firm’s lawyers are actively involved in shaping the future of the profession. The firm was founded in the late 1970s by Rainer Klaka, who brought in a large client base and the experience of many years in the field. Since then, the firm’s standing has continually been strengthened while maintaining the structure of an independent and autonomous law firm. Many of the cases taken on by the law firm, especially in the fields of patents and trademarks, have an international background such as cross-border litigation, or concern questions of foreign and international law arising in counselling or litigation. The firm is therefore accustomed to co-ordinating and/or conducting cases of international significance.

Main Areas of Practice:  

Intellectual Property (Trademarks) & Unfair Competition:
6 equity partners, 3 associates in Munich.

The firm’s strong trademark litigation practice is headed by partners Dr Andreas Schulz and Dr Ralf Hackbarth in Munich. The firm is involved in trademark and trade name infringement cases before the competent German courts, as well as counselling and the conducting of international litigation, in particular with strategies for pan-European litigation proceedings. The enforcement of Community designs is also increasingly becoming a more important task for the litigation practice. In 2016, Dr Carola Onken, a specialist in the field of trade mark litigation, with a special emphasis on proceedings before tbefore the European courts (EGC and ECJ), became partner of the firm. The trademark prosecution department is headed by Oliver Rauscher. KLAKA prosecutes and maintains worldwide trademark portfolios for a number of clients and is active in the conducting of infringement suits and offering legal advice in the fields of copyright law, design patents, unfair competition law, press and media law, IT and internet law, and food and drug law. A number of the firm’s lawyers also have experience in the field of antitrust law.

Key Clients: Bayerische Motoren Werke (BMW); Deutscher Fußball Bund (DFB) e.V.; Nestlé Nutrition; Deichmann; Comité Interprofessionnel du Vin de Champagne; Bayerischer Brauerbund; NOMOS Glashütte; Longchamp; Moet Hennessy.

Patent & Utility Models:
3 equity partners in Munich, 2 equity partners and 1 associate in Düsseldorf.

Patent law at KLAKA is represented by the partners Dr Michael Nieder, Dr Wolfgang Götz and Dr Stefan Eck in Munich and partners Olaf Giebe and Dr Constantin Kurtz in Düsseldorf. The excellence of the KLAKA law firm in this field is based on a profound understanding of technologically and economically interrelated themes as well as on comprehensive experience in enforcing claims before the specialised German patent courts. This includes infringement suits before the competent German courts, especially in Düsseldorf, Munich, and Mannheim, and, in co-operation with external patent attorney firms, opposition and nullity (revocation) proceedings before the German and European Patent Offices, the Federal Patent Court and the Federal Supreme Court; the firm also provides legal advice in these fields, as well as co-operating or co-ordinating multinational cases.

Key Clients: AVM, Infineon, 3M, SRAM, Hexal, Sandoz, Ortlieb, Tyco, fischerwerke.

Energy:
1 equity partner, 1 associate in Munich.

KLAKA has built up a strong practice advising the leading energy corporations in Germany in energy, unfair competition and antitrust law. The practice headed by Dr. Wolfgang Straub advises and represents clients comprehensively on the disposal and evaluation of power grids, the legal implementation of grid fee regulations, questions relating to grid access, energy trading including the draft of legally sound procurement and delivery contracts and the supply to end consumers. In addition, the team provides advice on issues relating to connections, supply and distribution of regenerative energy.

Key Clients: Bayernwerk (E.ON Group), RWE, enviaM, LEW, Stadtwerke Ingolstadt, leading regional energy suppliers.

Clients:
The KLAKA law firm continues to strengthen its leading position in patent and trademark law in Germany. Alongside providing legal advice to German companies, another main area of activity is the representation of international groups, predominantly from Europe, the United States and Japan.