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Tag Archives: Germany

German tax treatment of royalties regarding software license and database licenses

– Draft guidance of German Federal Ministry of Finance released for discussion purposes Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors (the draft can be found here). The draft is highly important to clients

Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the public prosecution. Whilst the new rules may facilitate access to compensation for private parties affected by crimes, intellectual property right

BEPS – Germany on the way to limit the tax deductibility of royalties

A new legislative approach of the German tax authorities leaked last December 19 and approved by the German government on January 25, 2017 (see German language text here) will have a significant impact on the tax deductibility of royalties owed to related persons being subject to a preferential back end tax regime for IP not

Germany’s highest court rules on apps and weather

Mobile apps are generally worthy of title rights protection, said the German Federal Supreme Court (BGH) in a ruling last week. However, these unregistered rights must cross a certain threshold of distinctiveness to qualify for protection – just like their big brothers, registered trademarks. The claimant’s app and domain name “wetter.de” was held not to

Germany: Adblock Plus – Third court ruling rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus. The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with

RCD, Germany & Italy: Designs prosecution and invalidity

New content on LimeGreen IP Knowhow Hogan Lovells’ LimeGreen IP now includes content on the laws governing design prosecution and requests for invalidation of designs in Europe (RCD) Germany and Italy. Guidelines for more jurisdictions will follow in due course. The new design prosecution section on LimeGreen IP covers how extent or length of protection and requirements of

EU: Does money grow on plant-varieties? CJEU to rule on applicability of supplemental (punitive) damages for infringements of intellectual property rights

Court of Appeal, Düsseldorf (Germany), order dated 16 October 2014 (file no. I-15 U 21/14) Currently, most EU member states, including Germany, do not recognize lump sum supplemental damages aiming to punish and deter the infringer. In October 2014 the Court of Appeal of Düsseldorf made a reference for a preliminary ruling to the Court