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SMEs - Information pages for small and medium-sized enterprises

Think - protect - benefit

Greeting from the President

Small and medium-sized enterprises are the backbone of the German economy. Their innovative capacity provides the basis for the prosperity of Germany. This innovative capacity is driven by intellectual property, the protection of which is particularly important. On our SME pages, we draw attention to information and funding opportunities which shed light on the various aspects of protection and which are intended to encourage you to handle your intellectual property more consciously. The know-how of your company, your enthusiasm and your creativity are crucial for the success and competitive advantages of your company. My advice: Protect your intellectual property!
Eva Schewior, President of the DPMA

Over 95 percent of all companies in Europe are small and medium-sized enterprises (SMEs). In Germany, even 99.6 percent of all companies subject to value added tax are SMEs. Nearly 60 percent of all employees work at these companies. SMEs and their innovative strength are the economic engine of this country.

About 72 percent of the German companies in the mechanical engineering and plant engineering sector are affected by product and trade mark piracy. According to the 2022 Product Piracy Study conducted by the VDMA working group for product and know-how protection (Frankfurt/Main, 2022), these companies record an estimated loss of 6.4 billion euros per year.

Adequate protection of intellectual property can be a key factor for the success of small and medium-sized enterprises. IP rights are strategic assets that increase the value and income of a company and promote its innovative capacity and profitability – regardless of the company size. However, many SMEs do not make effective use of their intellectual property to gain a competitive advantage. Often there is no strategy for dealing with IP rights – but something can be done about that.

About the content of the SME pages

The following web pages provide information on these topics:

Study on the use and perception of intellectual property by small and medium-sized enterprises in innovative industries

The German Patent and Trade Mark Office (DPMA) is currently conducting a study on small and medium-sized enterprises (SMEs) in innovative sectors together with the World Intellectual Property Organization (WIPO). The focus is on German tech start-ups. Prof. Dr. Süzeroglu-Melchiors from the Ostbayerische Technische Hochschule Regensburg (OTH) is the scientific director.

Aim of the study
The study aims to show how German start-ups use and perceive intellectual property, to what extent they use patents or do without them and what strategies they pursue in doing so. It also analyzes the obstacles that start-ups experience when implementing these strategies. The findings should help to better tailor the services offered by national intellectual property offices to the needs of SMEs.

Initial findings and comparative studies
A comparable study has already been conducted in Israel, the results of which are published on the externer Link WIPO website. This study provides valuable comparative data and insights into how SMEs around the world deal with and use intellectual property.

Methodology
The study combines a quantitative analysis of the patent behavior of start-ups with qualitative interviews. These interviews are designed to be in-depth and open in order to gain insights into the companies' individual experiences and strategies. All data is treated confidentially in accordance with the GDPR. The study participants are selected by the OTH.

Benefits of the study
The results are intended to support the DPMA in improving existing services and developing new opportunities for SMEs. If you have any questions about the study, please contact: kooperation@dpma.de. The results of the study are expected to be available in summer 2025.

Alternative dispute resolution (ADR) - good advice doesn't have to be expensive

ADR stands for “Alternative Dispute Resolution” and includes voluntary procedures such as mediation and arbitration. A neutral person helps the parties to the dispute to find a solution together that is advantageous for both sides. The aim is to avoid the costs, risks and complexity of court proceedings. As such proceedings are usually quicker, they are also more cost-effective.

How does ADR work at the EUIPO?
For example, the Mediation Center of the European Union Intellectual Property Office (EUIPO) offers ADR services for disputes concerning EU trademarks, registered Community designs (designs) or geographical indications for craft and industrial products. The parties to the dispute can request the Mediation Center of the European Union Intellectual Property Office (EUIPO) unilaterally or jointly for an alternative dispute resolution, see the externer Link EUIPO application form. The service is free of charge if it takes place online or directly at the EUIPO headquarters in Alicante (Spain).

Important notes:

  • Both parties must agree to the use of ADR.
  • The application can be filed at any time after filing a complaint.
  • In addition to EUIPO-related disputes, other topics such as copyrights, domain names or patents can also be included in the procedure.

Course of a typical mediation or conciliation procedure:
1. Opening:
The mediator or conciliator explains the procedure.
Both parties briefly present their points of view and agree on the topics to be discussed.
2. exploration and negotiation:
The mediator talks to the parties in separate or joint sessions.
Information from separate meetings remains confidential unless the parties agree to disclose it.
As soon as the parties are ready, specific terms of an agreement are negotiated.
3. finalisation:
Agreement: The parties sign an agreement that is acceptable and binding on both sides.
No agreement: The parties may try another ADR method or return to the main proceedings (before the EUIPO or court).

Further information
and helpful case studies can be found in the newly published brochure pdf-Datei Alternative Streitbeilegung in der Praxis (1,4 MB) (in German), the file is not barrier-free.

Picture: iStock.com/kritchanut, Picture 2: iStock.com/metamorworks, Bild 5: EU IPO

Last updated: 12 December 2024