Schutz technischer Lehren im Markenrecht

The work examines the limits of protection of technical inventions in trademark law and their effects on the scope of protection. To that effect, a differentiation is made from design, copyright and unfair competition law. The protection of technical inventions under trademark law entails the risk of collisions with the more specific technical property rights. The decisive factor for the scope of trademark protection of technical doctrines is the differentiated consideration of the grounds for exclusion of protection in accordance with Section 3 (2) No. 2 German Trademark Act, based on the functions of the respective property rights. When determining trademark eligibility, a distinction must be made as to whether the sign is exclusively or also - but not in all essential features - technically conditioned.