Criminal Enforcement of IP in Germany

Abstract Germany offers an interesting case study for the theme of this volume, as it provides comprehensive and effective civil substantive and procedural remedies and administrative and regulatory remedies for protecting and enforcing IP rights and trade secrets. This chapter examines German IP law to render a full account of the civil remedies, administrative sanctions, and criminal punishment for IP infringement and trade secret misappropriation. It looks into the jurisdiction and prosecution of criminal cases and the relations between civil and criminal actions, especially the statutory principle that requires criminal enforcement to follow civil-law or administrative-law enforcement. It further assesses the significance of criminal provisions, followed by a review of some general statistics and figures on patent cases. The chapter concludes by summarizing German IP jurisprudence and the lessons it offers for other jurisdictions.