Konstantin von Werder

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Konstantin von Werder is a counsel in the Intellectual Property practice of Mayer Brown´s Frankfurt office. He focuses on trademark and unfair competition law (UWG). He has extensive experience and expertise as a litigator and advises clients in legal disputes (warning letters, preliminary injunctions, actions on the merits). Konstantin also coordinates the infringement proceedings for his clients abroad. Furthermore, he advises national and international clients on patent, design and copyright law. Moreover, he has particular expertise and experience in drafting complex license and distribution agreements and in providing advice on research and development agreements. His clients include companies in the pharmaceuticals and automotive industry as well as in the hotel, catering and consumer goods sector.

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Latest Articles

After the EU Copyright Directive was passed by the EU Parliament last month (see our original blog post for further details), it was formally approved by the Council of the European Union on April 15, 2019. Nineteen EU member states, including Germany, France and the UK, voted in favor. Six member states – namely Finland, Italy, Luxembourg, the Netherlands, Poland and Sweden – voted against the Directive, while three countries abstained from the vote.…
After several months of delay and heated political discussion among all German parties about the scope of protection regarding journalists, whistleblowers and employees, the German parliament adopted the Federal Government’s draft Trade Secrets Act on 21 March 2019. This act implements Directive (EU) 2016/943 of the European Parliament on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure into national German law with the aim of establishing…
On 26 March 2019, following a lengthy process, the European Parliament has given final approval to the Copyright Directive, aimed at the modernization of the EU copyright regime. Members of parliament voted 348 in favor of the law and 274 against. Before voting on the reform proposal, a vote was held on whether or not to address proposed amendments – notably the exclusion of the law’s most debated clause, Article 13 or the “upload filter.”…
On 20 December 2018, the German Federal Court of Justice confirmed that photographs of public domain paintings ‎are, in principle, protected by a copyright-related right in section 72 of the German Copyright Act (Case No. I ZR 104/17). The case involved a request to take down several pictures hosted on Wikimedia Commons—an online database of works distributed under Creative Commons licenses—as public domain images. All pictures featured art on display at the Reiss Engelhorn…
On 13 November 2018, the Court of Justice of the European Union (CJEU) ruled that the taste of a food product could not be classified as a ”work” within the meaning of Directive 2001/29/EC and that national member state legislation could not be interpreted differently (Case C-310/17). While the CJEU did not deny the copyrightability of tastes in principle, it…
Christian Wulff, a former German Federal President who resigned in February 2012, caught the attention of the public in May 2015 with his announcement that he was back together with his ex-wife Bettina Wulff. Following this, the press published a photograph of him pushing a cart at the parking lot of a supermarket next to his wife, Bettina Wulff. Mr. Wulff felt hurt in his right to privacy. He filed a lawsuit aiming to prohibit…
Back in 2015 Constantin Film AG, the production company of the German movie „Fack ju Göhte“, filed an European Union trademark application (“EUTM”) for its movie title „Fack ju Göhte“ with the European Union Intellectual Property Office (“EUIPO”). The EUTM application was refused by the EUIPO based on an alleged infringement of public policy and common decency. On top of that, EUIPO was of the opinion that the title of the movie is an offensive…
Now that the time of the year has come, it seems like everything is all about finding the perfect gift, decorating your house in the most beautiful Christmas colors, baking Christmas cookies and of course, going to Christmas markets. But even while we are enjoying the peaceful and contemplative atmosphere – and obviously to drink one or the other mulled wines we are not spared from being confronted with the German trademark law. Insofar we…
Trade marks will not only be associated with the company they origin from, but might also be associated with certain quality or ethical standards. Certain associations are using their trade marks only to license it to producers who fulfill a certain standard. While some jurisdictions recognize such use of a trade mark as sufficient to maintain trademark protection, the European Union Trade Mark Regulation (EUTMR) does only mentioning the term “genuine use” of a trade…