Did you know that “servile imitation,” meaning the identical copying of, for example, a machine or design or the use of a (non-registered) distinguishing sign is basically permitted?

Intellectual property rights like patents, utility models, registered designs and trademarks serve to protect industrial products in which a particular intellectual achievement finds its expression.

An intellectual property right grants its holder the sole right to use the subject of protection (e. g. invention, design, trademark etc.). In proceedings concerning the infringement of an intellectual property right, its proprietor not only has a right to full information and compensation but also a right to injunctive relief, which in some circumstances can be asserted with a preliminary injunction.

In addition, the proprietor of an intellectual property right may use an indication of that right such as "German Patent No. ...," "German Utility Model No. ...," Registered Design No. ..." or the indication of trademark protection ® in connection with the subject of protection. This serves the dual purpose of promoting the product and warding off imitators.

Finally, the purpose of an intellectual property right is not just to protect a product from imitation to ensure its price. Often the proprietor of the right is also interested in granting licenses. Quite often a desired license can only be acquired if the would-be licensee can offer the grant of a license to use an intellectual property right of his own in return (cross-licensing).