Intellectual Property
The map of Europe is rapidly changing. This impacts upon IP rights and changes the dynamics of protection and enforcement.
Increasing harmonisation throughout Europe has led to significant changes in recent years. The availability of European-wide trade mark and design protection and corresponding relief for infringement has also changed the way in which companies protect these rights throughout Europe. Our practice is able to offer pan-European advice on the protection of trade marks and design rights through the judicious use of available alternatives such as the Madrid Protocol, the Community Trade Mark and international protection for designs through OHIM. We also have vast experience in coordinating multijurisdictional brand and copyright protection programs throughout the region.
In the patent sphere, there is continuing uncertainty over the proposed Community Patent, the European enforcement system and the legitimacy of cross-border relief. Baker & McKenzie's European IP practice is cutting edge in terms of its depth and spread of expertise and technical capabilities across the region so has an unrivalled ability to coordinate patent disputes on a multi-jurisdictional basis.
While harmonisation of European copyright law has taken some steps forward, there are still notable differences between many jurisdictions, often reflecting the cultural and historical differences underlying the protection of copyright in many jurisdictions. Our pan-European network of copyright specialists enables us to advise clients comprehensively on copyright with a "whole of Europe" perspective.
We have leading practitioners in our offices, many of which are leading practices in their own domestic market. We have a long history of IP strengths in the former CIS states led through our Moscow office, which is a leading office in its field. Our team also has representation in the latest accession countries including offices in Warsaw, Prague and Budapest where entry into the European Union has brought IP rights into acute focus.
The services we offer include:
- handling pan-European enforcement campaigns across a variety of industries using combinations of Customs, civil and criminal remedies to support our clients in their fight against counterfeit and piracy;
- litigating the whole range of IP rights in specialised national courts and the European Court of Justice;
- offering leading edge non-contentious advice in respect of exploitation of IP rights and technology transfer, in particular complex licence agreements and transfer of IP assets;
- offering a full IP protection service, which includes registration of trade mark and design rights through our offices. This facility includes pan-European pre-filing searches and strategic advice to pave the way for product launches and alternative means of protection; and
- advising on all aspects of domain name protection and recovery.
Commitment to Client Service
Baker & McKenzie has over 120 dedicated IP lawyers in Europe in 23 offices covering 10 of the European Union countries, recent accession countries and former CIS states. We are closely linked with our neighbouring practices in IT, competition law and commercial law which enables us to provide seamless services tailored to the strategic needs of our clients.
The European practitioners are part of the Global Intellectual Property Group within the Firm and benefit from exposure to issues on a global basis. We have at our disposal global products that enhance our service. These include Borderwatch - giving clients instant access over the internet to border and customs information in over 50 countries, and Global IP Manager - an online management tool enabling clients to review all IP matters being handled for them by the Firm, both of which allow us to deliver a more efficient and coordinated service to our clients.
Through local, on-the-ground lawyers backed up by superior technology products to streamline communication and reporting, we have the proven capability to manage complex pan-European intellectual property portfolios and provide the best protection across the region.