In cases where you do not hold any issued or registered industrial property right (e.g. a patent, a trademark or an industrial design) because, for example, your patent has expired, you have omitted to file an application for such an industrial property right, or such an application was not possible, the so-called supplementary protection of achievements under competition law as provided by the German Act Against Unfair Competition (UWG) may apply.
This act provides the framework for fair competition between companies and, for example, defines the limits for allowable advertising and promotion in Germany, whilst also prohibiting imitation of your products under certain conditions.
Especially in this legal field, it is important to have current legal practice as well as EU regulations at hand at all times, because otherwise you might be faced with undesirable legal consequences. In this context, aspects of anti-trust law, especially, must also be taken into account.
PMP assists you in enforcing your claims under the UWG and also provides legal advice on the safety of your own advertising.