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Views of our office building

“Kuhnen & Wacker - IP Made in Germany“®

CONTINUITY, Quality And strategy...

... are the three pillars of one of the major Intellectual Property Law Firms in Germany.

With more than 40 years of experience in the field of Intellectual Property our firm has acquired an excellent international reputation. Our professional staff is specialized in intellectual property matters. Our target is our clients' successful exploitation of industrial property rights world-wide. We offer services in patents, utility models, designs and trade marks but also specialize in IP evaluation and in IP litigation including cross-border-injunction and licencing.

This website provides you with information about our firm, staff and up-to-date content about industrial property law matters and offers views of our historic office buildings.

News

  • January 2018:
    WORLD TRADEMARK REVIEW (WTR) 1000 REPORTED:
    KUHNEN & WACKER has spent four decades refining its customer service into the premium offering it now is; its lawyers immerse themselves wholly in their clients’ markets – so that nothing lies outside their field of vision – and then provide swift, reliable, business-focused counsel. Whatever the issue, prosecution, licensing or enforcement, Christian Thomas has the skill set and requisite experience to sort it out. He is as artful filing applications before the German Patent and Trademark Office as he is pleading in court.

    (WTR 1000, the world's only independent multimedia publication dedicated exclusively to reporting on trademark issues for in-house and private pracitioners internationally)
  • CONGRATULATIONS!
    We hereby congratulate Dr. Ulrich C. Wagner, one of our Patent Attorneys, on passing the Master of Laws (LL.M.) exam on December 08, 2017. In addition to this achievement, he has been a member of the Committee on Patent and Utility Patent Law of the Chamber of Patent Attorneys since November 22, 2017, on which we cordially congratulate him as well. We share his delight at these achievements and wish him that he continues to practice his profession equally joyfully and successfully in the future.
  • November 2017:
    ROUNDTABLE DISCUSSION WITH DR. CHRISTIAN THOMAS
    Licensing best practice,
    Issue 69, World Trademark Review
  • October 2017:
    PUBLICATION BY RAINER K. KUHNEN
    Proposed Structure of the Unified Patent Court,
    Patents in Europe 2018/2019, IAM
  • August 2017:
    GROUNDS FOR THE CONSTITUTIONAL CHALLENGE OF THE GERMAN UPC RATIFICATION

    As previously reported, an unnamed private individual filed this constitutional complaint (No. 2 BvR 739/17) with the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) shortly after the relevant UPC legislation was passed by the Bundesrat on 31 March 2017. The substantive challenge was accompanied by an application for provisional measures, which is still pending. Having noted that the challenge could not be found to be totally without merit from the outset, the BVerfG made an informal request to the Office of the President of the Republic to temporarily refrain from signing and submitting for publication the draft legislation, preventing it from coming into force until the application for provisional measures has been decided. Today, new details emerged regarding the grounds of the pending challenge to the constitutionality of the German legislation enabling the ratification of the Agreement on a Unified Patent Court (UPC).

    According to a spokesperson for the BVerfG, the challenge is based on grounds that the relevant legislation exceeds the limits on the transfer of sovereignty under the constitutional right to democracy derived from Art 38(1) of the Constitution of the Federal Republic of Germany (Grundgesetz, GG). The challenge asserts the following alleged breaches:

    • Breach of the requirement derived from Arts. 23(1) and 79(2) GG that the adoption of legislation amounting to a transfer of sovereign powers to European institutions must be decided by a qualified majority of two thirds of the Members of the Bundestag (German parliament) and the Bundesrat (Federal Council).
    • Democratic and rule of law deficits with regard to the legislative powers of the organs of the UPC.
    • Lack of independence and democratic legitimacy of the judges of the UPC.
    • Incompatibility of the UPC with EU law.

    Unfortunately, it is currently not foreseeable when the BVerfG will render its interim decision.

    Moreover, regarding the asserted incompatibility of the UPC with EU law, it may well be that the BVerfG will refer this question to the European Court of Justice in Luxembourg.

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