Germany has a ‘very balanced’ TM enforcement system: report
Law firm Hogan Lovells has released a report looking at the global rankings for brand protection, with Germany coming first for trademark effectiveness and having a “very balanced” enforcement system.
The report, called “Brand Protection—Global Rankings”, was published today, September 8, and features an analysis of how brands have protected their trademarks.
It is compiled from several months of research from 2015 to 2016. The firm liaised with trademark professionals in 55 countries to acquire research on ten trademark enforcement methods.
A document with 250 questions was sent to the countries on issues of importance to trademark owners. The answers were then evaluated using a standardised points system.
The report found that Germany is rated number one for its effectiveness of trademark protection, with Austria and the UK placing second and third respectively.. The US is 17th on the list with China coming 24th and Turkey 38th..
The top ten performers are in Europe, where trademark rights are “well established” and countries have a “well balanced” approach across the spectrum of enforcement options, said the law firm.
A trend among these countries is how “rarely” criminal prosecution is used for trademark enforcement matters. It is typically not used as a “viable” option for enforcing trademark rights, unless the infringing activities are on a large scale as part of organised crime.
Germany scored highly in all enforcement areas and has a “very balanced” system with “experienced” judges and “proactive” officials who specialise in criminal intellectual property cases.
The full report can be viewed here.
Tobias Malte Müller, partner at law firm Wirsing Hass Zoller, told WIPR: "I fully confirm the results. From my experience as a lawyer specialised in cross-border litigation, I agree that our system works quite well.
"It is clear that not all courts work in the same effective way. However, the average is good and the experienced IP litigator knows which courts to avoid (if he has the procedural option to go forum shopping)."
He added: "One crucial point of the good working of our courts is the good training of most judges and the fact that Germany opted to create quite a considerable number of specialised court chambers throughout the country."
