2022 IP Outlook Report: The Developments Shaping European IP Law

Key Takeaways and Outlook for 2022

While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the forefront is the prospect of greater patent law harmonization with the entry into force of the Unified Patent Court (UPC) and the European patent with unitary effect. En route to this unification, however, are some anticipated challenges.

The actions initiated in 2021 that will continue to spark conversation (and controversy) in 2022 include:

  1. After a Multiyear Saga, UPC Nears Fruition
  2. SEPs and FRAND Laws Take Unexpected Turns Throughout Germany, Europe
  3. Luxe Cosmetic Brand Successfully Obtains Trademark Protection for 3D Lipstick Shape
  4. No Similarity Between Water and Alcoholic Beverages in the European Union
  5. German Patent Act Reform Poses Substantive Changes but Not a “Game Changer”

Read the full report.

Dominik Rissman, a trainee in the Dusseldorf office, also contributed to this report.

Dr. Henrik Holzapfel
Dr. Henrik Holzapfel advises on all aspects of intellectual property law. He focuses on litigating patents, including the enforcement of patents essential to industry standards and FRAND defenses. Henrik also has extensive experience in litigating trade secret matters. Other areas of his practice include advising on IP licensing agreements, including advice on European competition law, drafting R&D agreements and advising on employees’ inventions. Henrik’s clients represent a wide variety of industries such as IT, pharmaceutical, biotech, medical devices, chemicals, automotive and engineering. Read Dr. Henrik Holzapfel's full bio.

Laura Morelli
Laura Morelli leads the Paris Intellectual Property Practice. She advises French and foreign companies in a wide variety of sectors, including the chemical, energy, fashion, food processing, media, perfume, pharmaceutical and technology industries. Read Laura Morelli's full bio.

Claire Boosz
Claire Boosz focuses her practice on intellectual property (IP) matters. She both provides legal counsel and represents clients in contentious matters before the courts. Read Claire Boosz's full bio.

Charles de Raignac
Charles de Raignac advises French and foreign companies on all aspects of intellectual property law (patents, know-how, trademarks, authors’ right, designs and models). Read Charles de Raignac's full bio.

Dr. Maximilian Kiemle, LLM
Dr. Maximilian Kiemle focuses his practice on IP litigation. Prior to joining McDermott as an associate, Maximilian worked at a range of international law firms where he gained exposure to a variety of areas which include patent, trademark, unfair competition, and advertising law. Maximilian has particular automotive industry experience, including related sales and antitrust law, and contract drafting experience for automobile manufacturers. Read Maximilian Kiemle's full bio.