On June 30, the public education series “CAASA Lecture Hall” hosted by the Beijing Anti-Infringement and Anti-Counterfeiting Alliance (CAASA), in collaboration with the century-old German law firm RGTH, held a dedicated online seminar. Two senior intellectual property experts provided an in-depth session on German IP practice in the context of the Unified Patent Court (UPC)’s long-arm jurisdiction, as well as exhibition-related IP risks. Drawing on frontline experience, the webinar aimed to support Chinese companies in safeguarding their intellectual property strategies in Europe.
To help export-oriented enterprises improve their ability to manage IP risks at overseas exhibitions, CAASA recently organized this special webinar. Experts from RGTH, including Dr. Thorsten Last and Dr. Mao Deng, shared practical insights on German exhibition-related customs enforcement, preliminary injunctions, the impact of the UPC system, and pre-exhibition risk prevention strategies.
1. Common Risks at German Trade Fairs: Customs Seizures, Preliminary Injunctions, and Criminal Liability
During exhibitions in Europe, rights holders can take rapid action against exhibitors through measures such as customs seizures, preliminary injunctions, and criminal enforcement. Customs seizures are cost-efficient and highly effective, often leaving exhibitors with no opportunity to respond in advance. Preliminary injunctions may be issued without a hearing or prior notice, resulting in the immediate closure of exhibition booths. Although criminal liability usually does not apply to outdated infringements, it carries the most severe consequences.
The webinar highlighted that German law allows companies to submit a “protective letter” to the court prior to exhibitions. This filing pre-registers defense arguments, and courts must review the protective letter registry before granting injunctions. If the reasoning is convincing, the risk of enforcement can be significantly reduced. A protective letter remains valid for six months, and it is recommended to file it before the exhibits arrive at customs.
2. New Challenges Under the Unified Patent Court (UPC) System
With the full implementation of the Unified Patent Court (UPC), an infringement finding at a German trade fair may now lead to injunctions with effects across multiple European jurisdictions. The UPC also provides for a protective letter mechanism; however, submissions must be made in an official patent language and require payment of fees.
Experts recommend that well-prepared companies file both German and UPC protective letters in parallel to minimize exhibition-related risks across Europe.
3. How to Respond to On-Site Injunctions: Immediate Actions and Post-Event Remedies
In the event of receiving an injunction at an exhibition, experts recommend immediate action. First, file an objection without delay, arguing for example patent invalidity, lack of urgency, or the technical complexity of the case rendering it unsuitable for summary proceedings. Second, implement immediate remedial measures on site, such as replacing exhibits or covering infringing elements, to maintain booth operations.
If the injunction is later revoked, companies may claim compensation from the applicant for direct losses, including booth downtime and damage to samples.
4. Coordinated Action Between Domestic and International Counsel
UPC procedures are extremely time-sensitive, with some divisions allowing filing windows of only one to three months. The webinar emphasized that the optimal approach involves coordination between domestic and local counsel: domestic lawyers conduct pre-exhibition risk assessments and prepare supporting documentation, while German lawyers handle protective letter filings, customs monitoring, on-site response, and subsequent litigation.
Such efficient collaboration is essential to staying ahead of tight deadlines. Companies are therefore advised to establish relationships with overseas law firms at least six months in advance of major exhibitions.
5. Key Recommendations from the Experts
The experts offered four key recommendations for export-oriented enterprises:
- Establish an exhibition IP emergency response plan as a standard component of participation.
- Maintain thorough written records of internal research and due diligence.
- Leverage procedural differences between German courts and various UPC divisions to select favorable jurisdictions.
- Adopt a multi-layered defense strategy, including filing patent revocation actions in non-UPC countries where appropriate.
This webinar represents a concrete initiative by the alliance to support Chinese enterprises in protecting their intellectual property overseas. CAASA will continue to collaborate with international professional institutions to support companies expanding globally.