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Dr. Constantin Kurtz, LL.M.

Attorney-at-law (Germany), Certified IP Lawyer, Partner

Profile

Dr. Constantin Kurtz advises and represents nationally and internationally operating companies in patent infringement and nullity proceedings as well as in disputes concerning rights to and in the patent (entitlement proceedings). A particular focus of his practice is the representation of implementers of standard-essential patents (SEP) in and out of court as well as in the area of complex cross-border patent disputes. His clients include leading global enterprises in the fields of mobile communications, semiconductors, fastening technology, ski and outdoor equipment, and automotive suppliers. Dr. Kurtz regularly publishes on patent law topics in law journals.

Languages:
German, English

references

  • Best Lawyers in Germany (2021 Edition)
  • "Olaf Giebe and Constantin Kurtz are particularly specialized in patent litigation in the field of electronics/telecommunications..." - Legal 500 Germany 2020/2021
  • "Excellent, factual briefs, very collegial," Competitor - JUVE Handbook of Commercial Law Firms 2020/2021
  • "Constantin Kurtz gets to the bottom of every case and doesn't leave until he understands every detail and puts it into the overall context of the case." - Legal 500 Germany 2020/2021
  • “Olaf Giebe and Constantin Kurtz are particularly specialized on patent disputes in the areas of electronics and telecommunication...” - Legal 500 EMEA 2021
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Key Areas

  • Patent and utility models

    Patent and utility models

    The powerfulness of our patent law team is based on a deep understanding of technical and economic contexts.  We can rely on many years of experience in out-of-court counseling and judicial enforcement of your claims before the specialized German courts. But we also support and represent you in and out-of-court in the case of claims against your company due to alleged infringement of intellectual property rights and develop strategies for effective defense together with you. We assist you in opposition, nullity or cancellation proceedings before the German and European Patent Offices and the Federal Patent Court as well as before the Federal Supreme Court.

    More about patent and utility model law

  • Trademarks

    Trademarks

    Trademarks communicate the image of your products and are the voice of product marketing. Their value can quickly exceed the material value of a company. We support you in establishing and expanding your trademark portfolio, in monitoring it and in defending it vigorously. KLAKA helps with everything that makes up the "life" of a brand.

    More about Trademark Law

  • Designs

    Designs

    The protection of products and product parts by registered and unregistered designs has been of increasing importance for many years. It is an effective instrument against counterfeits. This applies to national designs as well as to designs protected within the EU, to the acquisition of design protection as well as to the enforcement of design rights, out of court and before the courts.

    More about design patent law

     

  • Unfair competition

    Unfair competition

    The global market is characterised by free trade. The rules of this international economic exchange are expressed in unfair competition law. Comparative or misleading advertising, product imitation, the headhunting of personnel or price dumping may result in unfair competition proceedings. This affects all sectors, from the automotive industry to financial services, from retailers to the internet trade, or from the pharmaceuticals industry to the increasingly deregulated energy supply market.

    More about unfair competition law

Career

2013 - 2015 Visiting lecturer at Cologne University Law School (Patent Law)
2010 Certified lawyer for intellectual property law
2007 Joined KLAKA
2006 Admission to the bar and employment in a large ip law firm
2004 Doctor of Law with doctorate on cross-border injunctions in intellectual property law
2004 Visiting lecturer at the Bucerius Law School, Hamburg
2004 - 2006 Legal internship in Hamburg
2002 - 2004 Research assistant at the Institute for European and International Private Law and Procedural Law at the University of Kiel with Professor Schack
1995 - 2002 Legal education at the Universities of Kiel, Strasbourg and Illinois at Urbana-Champaign (Master of Laws as a Fulbright grantee 2001/02)

publications

  • Dr. Constantin Kurtz: Anm. zu BGH „Lenkergetriebe“: Begrenzung des Erzeugnisanspruchs durch die Funktion eines Merkmals, GRUR-Prax 2020, 46.
  • Dr. Constantin Kurtz: Anm. zu LG Düsseldorf: Gegenangebot der allein verklagten Tochter nicht FRAND-gemäß, GRUR-Prax 2019, 91.
  • Dr. Constantin Kurtz, Dr. Wolfgang Straub: Die Bestimmung des FRAND-Lizenzsatzes für SEP, GRUR 2018, 136 - 144.
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Conferences

  • SEP mit FRAND-Erklärung. Was tun, wenn die IT im KFZ zum Angriffspunkt von Trollen wird?
    Wettbewerbszentrale – Expertenforum Automotive Recht (EAR)
    Speaker: Dr. Constantin Kurtz
    Date: April 4, 2017
    Place: Wolfsburg
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Dr. Constantin Kurtz, LL.M.

Attorney-at-law (Germany), Certified IP Lawyer, Partner