FPS has decades of experience in the field of copyright law. This applies to advice on the exploitation and defence of rights. We review, draft and negotiate licensing agreements, including artist, publishing and software licensing agreements. We also help our clients to assert and defend claims for injunctive relief, information and damages under copyright law, both in and out of court, as well as to conduct searches under civil law in suspected rights infringement cases. One particular area of our work focuses on copyright protection of software programs against unauthorised distribution or use by third parties.

In addition, we advise on copyright-related issues in connection with websites, website creation and online content and provide support in securing the necessary usage rights. Finally, we also advise on copyright matters in employment and service relationships and on the treatment of copyrights in insolvency cases.

Our clients include globally renowned software manufacturers such as Microsoft and Adobe, as well as radio and television broadcasters, publishers, artists, advertising agencies and companies in the financial, telecommunications and media industries.

Specialisation

  • IP litigation

    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.

  • Product piracy

    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.

Publications on this topic

Dr. Andreas Freitag
Rechtsgeschäfte über (Urheber-) Persönlichkeitsrechte und Merchandisingverträge
Berger/Wündisch, Urhebervertragsrecht, Nomos 2022, 3. Auflage, 2022