Legal Framework
German law does not differentiate between local and foreign nationals regarding investments or the establishment of companies and is open for investment in practically all industry sectors. Business activities are free from regulations restricting day-to-day business. Foreign Direct Investments in the Healthcare/Pharma/Biotechnology sector made up 5% of total FDI projects between 2003 and June 2009.
An international comparison conducted by the World Economic Report in 2007/2008 has shown that companies and entrepreneurs can count on a reliable legal system with a number of international law firms represented in Germany.
The registration of trademarks and patents need to be filed with the German Patent and Trade Mark Office (DPMA, www.dpma.de/english). They have various duties among them are the granting, registering, administering and publishing of intellectual property rights. They work closely with authorities and institutions involved in the protection of intellectual property. One of the institutions operating in the IP area is the German Association for the Protection of Intellectual Property (GRUR) which has been established in 1891 and is the oldest and largest association of its kind.
Patents
The common validity for a registered patent is 20 years beginning on the day following the patent application and can then be renewed. However, exceptions exist for patents on pharmaceuticals and pesticides / plant protection products. The filing of a patent is kept secret for 18 months and is then published.
Once a patent is granted an opposition can be filed within the first three months of the publication of a patent. If no opposition is filed, the patent becomes valid retrospectively from the date the patent has been filed first.
The registration of a patent by a foreigner needs to be handled by an appointed patent attorney. This is a legal requirement for all applicants who are not residing in Germany.
Trademarks
Trademark protection in Germany is possible for words, letters, numbers, pictures, colours and sounds. However, trademarks are cancelled if they are not used within five years of registration. Applications are to be filed with the aforementioned German Patent and Trade Mark Office. The validity of a successful application is 10 years which can be extended for a further 10 years upon expiry of the first period.
