Representing clients in infringement proceedings has always been a key area of expertise at FPS. For decades, notable rights holders have entrusted the judicial assertion of their rights to the experienced FPS lawyers. FPS is often involved in the investigation of infringement cases as well as the inspection and preservation of evidence in advance. We also support our clients in border seizure cases. Representation is provided in all areas of IP law before the relevant courts and agencies.

Within the IP office at FPS, we have set up a dedicated task force focused on combating product piracy. The illegal reproduction and sale of branded goods causes significant revenue losses for brand manufacturers, damages the overall economy and puts jobs at risk. 

Our FPS product piracy task force is proactive in taking action against pirated goods as well as parallel imports and works closely with the relevant authorities such as the public prosecutor’s office, customs forces and the police. We prepare arrests, recover any profits made through piracy and coordinate seizures. Our consulting services include general market observation, especially online, and targeted investigations into individual infringers. We seize counterfeit goods, conduct searches of infringing companies and secure evidence. In the litigation process, we assert claims for injunctive relief, information, damages and destruction.

Media law regulates the use, distribution and production of media content such as radio, television, print media and online media. Press law is a part of this and deals with framework conditions of the press, including freedom of the press, editorial independence, personal rights, media liability and the right of reply. FPS advises media companies on legal matters relating to freedom of expression, including advice on media content and legal representation in proceedings involving the right of reply, injunctive relief and compensation for damages. We possess industry knowledge and offer advice on typical media contracts, cross-media collaborations and freelance authors. We also support Internet platforms in the areas of copyright, consumer protection and data protection. In the event of online legal violations, we successfully cooperate with law enforcement agencies.

Sport is a global growth market with a considerable volume of sales. FPS possesses wide-ranging expertise and experience in matters concerning the protection and exploitation of valuable marketing rights (through shirt or perimeter advertising, for example) and in the field of sports sponsorship and the marketing of sporting events. We advise clubs, sponsors, sports rights marketers and event organisers, but also individual athletes, player agents and coaches. The focus here is on providing legal advice on corporate, tax, licensing and contract law matters, with a particular focus on sport-specific aspects. FPS also offers interdisciplinary advice and legal project management for large-scale projects such as the construction or conversion of stadiums and arenas (including in the field of public procurement law), the corporate structuring of sports clubs and other contractual arrangements.

FPS has been advising medium-sized and larger pharmaceutical and medical device manufacturers on advertising issues for a number of years, assessing advertisements, websites, brochures, giveaways and other promotional material, for example, and addressing the associated issues of the admissibility or misleading nature of information featured in scientific statements, among other things, in the light of the Health Services and Products Advertising Act (HWG) and the Act Against Unfair Competition (UWG). In this field, FPS represents manufacturers in out-of-court processes involving competitors and competition associations and especially in disputes before the civil courts.

FPS advises in all areas of IT contract law. Whether clients need support in drafting and negotiating IT project contracts, designing and running outsourcing projects or making use of cloud services – we are on hand to help with our experts. In addition to many years of experience in advising a wide range of industries and companies of all sizes, our team has a real technical affinity and a special degree of creativity. This gives us a good technical understanding of our clients’ concerns and business models and enables us to find the best solution for them. Our services include drafting and negotiating IT project contracts (agile, classic, managed services, new business models), outsourcing contracts, service descriptions, service level agreements and pricing plans, and helping clients to prepare for due diligence processes, vendor conferences and on-site visits. We also oversee project and system integration measures as well as hardware and software maintenance and draft licensing, escrow and distribution agreements.

In many cases, carefully drawn-up project contracts protect the parties from disputes. Due to the content and complexity of IT projects, however, disputes cannot be completely ruled out. We help our clients to get troubled projects back on track by finding sensible solutions. If necessary, we also support them when asserting their rights (judicially) or defending against claims.

Digitalisation unlocks new opportunities for companies and creates space for future-oriented and scalable business models. Data has become the most valuable currency in the digital world. Data protection law – or now data law – is a separate advisory field at FPS rather than a mere annex to other areas of law. FPS helps companies to devise future-proof and legally compliant data usage concepts so that they can achieve their goals when using new technologies: innovation and data protection – when understood correctly – needn’t contradict one another. The GDPR with its drastic fines has significantly increased the risks for companies. FPS establishes what a company is permitted to do with the data and ensures compliance with data protection requirements in a pragmatic way by setting up a data protection management system, which, among other things, includes records of processing activities, data protection policies, data protection information, deletion and authorisation concepts, data protection impact assessments, processes for dealing with information and deletion requests from data subjects and much more besides. And if penalty proceedings are initiated, we defend our clients’ rights against the supervisory authorities. We also provide external data protection officers for our clients – for data protection from one single source.