Exhibition protection at German trade fairs in 2023
Exhibitors at trade fairs often have a great interest in property rights, but unfortunately, there is usually not enough time to deal with it. As a result, the question "How do I protect my products at trade fairs?" arises before and, regrettably, often during and after a trade fair.
The exhibition of new products, materials, or designs requires special care with regard to property rights. This is because public displays often preclude later applications for IP rights.
A so-called exhibition protection can solve this dilemma. The protection makes it possible to avoid a situation where an exhibition at a trade fair precludes a later IP right application.
There are two forms of exhibition protection for German IP rights:
1. for patents, the exhibition is regarded as a harmless disclosure and thus as not belonging prior art.
2. for utility models, designs, and trademarks, one even goes one step further and considers the display as giving rise to priority. Thus, not only the own disclosure is excluded from the examination of a corresponding IP right application, but also disclosures by third parties that occurred at a later point in time, in particular in the period between the exhibition and the date of filing of the IP right application.
Thus, exhibition protection is also interesting for designs. Finally, the grace period of 12 months granted under § 6 Design Act can only exclude own disclosures. Disclosures by third parties remain unaffected by the grace period.
Exhibition protection at German trade fairs in 2023
German trade fairs for which exhibition protection can be acquired will be announced by the Federal Minister of Justice and Consumer Protection in the Federal Gazette (German: Bundesanzeiger).
In total, the Federal Ministry of Justice has named more than 100 trade fairs in Germany for 2023, and more trade fairs may be added in the following months.
Our following list shows a selection:
„ambiente 2023“ in Frankfurt am Main
„Spielwarenmesse 2023“ in Nürnberg
„mitteldeutsche handwerksmesse 2023“ in Leipzig
„Intec 2023“ und „Z“ in Leipzig
„ISH 2023“ in Frankfurt am Mai
„digital health.PRO“ in Hannover
„HANNOVER MESSE 2023“ in Hannover
„ProWein 2023“ in Düsseldorf
„Prolight + Sound 2023“ in Frankfurt am Main
„AERO FRIEDRICHSHAFEN 2023“ in Friedrichhafen
„components 2023“ und „interpack 2023“ in Düsseldorf
„transport logistic 2023” in München
„MedtecLIVE with T4M“ 2023 in Nürnberg
„ProSweets Cologne 2023“ und „ISM 2023“ in Köln
„automatica 2023“ in München
„LASER World of PHOTONICS 2023“ in München
“Anuga 2023” in Köln
„digital BAU 2023“ in München
„efa:ON“ und „netze:ON“ 2023 in Leipzip
Exhibition protection at trade fairs - how does it work?
For this purpose, appropriate evidence must be provided and the respective legal requirements and other formal aspects must be observed. As a rule, there is a need for action already during the exhibition at the trade fair.
You are, therefore, welcome to contact us at +49 (0)69 69 59 60-0 or info@kollner.eu. Moreover, at the trade fairs in Frankfurt am Main, we can also come directly to you quickly, as we are a Frankfurt patent law firm.
We want to point out that exhibition protection is always associated with uncertainties, which arise, for example, from insufficient international regulation on the requirement of sufficient disclosure. It is, therefore, always recommended that protective rights be applied for before the first exhibition. Please note in this context: it is essential to acquire and hold protective rights in the country where the trade fair is taking place; after all, utility models, trademarks, or designs only offer protection for a certain country or region.
We are also happy to help you with this, quickly and in compliance with the law.
Are you having already problems with competitor's IP rights?
Suppose you have identified or recognised problematic property rights of a competitor or have already received a warning. In that case, you can file a protective brief to defend yourself against a threatened and costly preliminary injunction.
You can instruct a patent attorney to represent you at the trade fair or your stand.
We are a patent law firm in Frankfurt am Main with expertise. Don't hesitate to contact us at info@kollner.eu or call us at +49 (0)69 69 59 60-0.
