Technological Competition and Legal Certainty

Since 1996 I am counselling in the filed of intellectual property as a patent attorney.

Irrespective of the particular technical field such as electronics, aircrafts, IT, medical technology etc. complex facts of an invention must be described in a concise and precise way in order to achieve a thorough legal protection for technical innovations. And because of the increasingly manifold demand for intelligent controls many issues are linked to computer implemented inventions and software is often part of the description today.

Increasingly more providers share the markets today. Among other reasons customers decide between competitors because of their trade marks. The trade mark is therefore essential for standing out from others in the market and hence the trade mark ought to be well designed and protected.

The acceptance of a product by customers also depends on the appearance of the product, i.e. its form, colour and shape. Shape and form of a product are primarily determined by the products purpose, yet both are also influenced by style and fashion. In the end it is the most attractive design of a product that helps the manufacturer merchandise the product, and the manufacturer should take care to keep his advantage of the design as long as possible.

Legal certainty of unique selling propositions of a product can only be achieved by applying for intellectual property rights. On the other hand, monitoring the issue of intellectual property rights provides a direct survey of the technological and economical evolution in the market.

In summary, intellectual property rights help keeping a competitive edge over the competitors and generating economical gain.

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