e-ZY Commerce
When you plan your entry in the German market, it might be your first choice to board Germany via the internet.
To make this first step on solid ground, it is not sufficient to simply translate your website into German.
Rather, you should think about the following:
- Since German customers are targeted, your website needs to comply with certain legal information requirements.
- German data protection laws will apply when you collect and process personal data of German customers. You will have to comply with them and communicate this to your (prospective) customers
- As regards online payments, certain German law rules must be complied with; this is particularly important if you operate an online platform which collects monies for third parties
- You have to grant German customers a right of withdrawal and inform them accordingly about such right
Our IT Specialists will help you to circumvent all statutory blocks that might appear in front of you when you set up your online store.
On your (trade)marks
Before you enter the German market, it is important to ensure that your intellectual property is well-protected and that your company is free to offer its products using the brand of your choice without the risk of infringing third parties’ rights.
Regarding your brand and company name, it is particularly important to secure relevant trade marks and domain names, which may require registration in Germany or at EU level. Also, with regard to your products, you should assess whether they are covered by designs or patents that also extend to Germany/the EU, or whether registration may be necessary in order to secure such rights. Furthermore, competitors’ products must be examined in order to establish whether they might hold conflicting IP rights.
You want to make the most of marketing and retail opportunities. However, German laws may impose a number of restrictions on certain advertising methods and messages. You must know where branding, marketing and sales processes interact with the law which is therefore central to successfully launch products on a new market.
Therefore, a good start for your brand in Germany requires a forward-thinking strategy that will safeguard your intellectual property rights not just at present, but also in the future.
Getting started:
- Is your brand protected in Germany? Do competitors or third parties hold potentially conflicting rights?
- Does your company have intellectual property, e. g. designs or inventions that need to be protected before you enter the German market?
- Are your marketing materials compliant with German laws, esp. the Act against Unfair Competition (UWG)?
Once you’re started:
- Your registered trade marks, designs and patents need to be managed and monitored.
- Your IP rights need to be protected in Germany and the EU.
- Handle with care your agreements on IP rights with third parties, e. g. licensing, advice regarding employees’ inventions.
- Always be aware of advertising and marketing law provisions.
Contact our IP specialists for an analysis of your intellectual property rights and strategic advice on how to launch your brand on the German market – “On your (trade)marks, get set, go!”