Eike Schaper

Attorney-at-Law*

Dr. Eike Schaper, Maître en droit

*admitted to the Munich Bar Association and also Member of the Vienna Bar Association

Head of Litigation at ABP Burger Rechtsanwaltsgesellschaft in Munich since October 2021. Partner since 2022.

Dr. Eike Schaper has been a practicing Attorney-at-Law specialized in IP for almost 20 years offering his clients comprehensive advice regarding any and all intellectual property rights, and in the field of competition law with a focus on litigation.

For patent infringement proceedings, he has familiarized himself with the specifics of a variety of technical fields and has fought for and secured numerous preliminary injunctions for the quick enforcement of claims, based on patents, trademarks, designs or the Unfair Competition Act (UWG).
Dr. Eike Schaper has gained particular expertise in the enforcement of rights as well as seizures at trade fairs.
Since 2013, Dr. Eike Schaper has also been active as a lecturer at the DeutscheAnwaltAkademie (Academy for Attorneys-at-Law) for their seminar on patent infringement proceedings.

Patent, trademark, competition, and design law; forensic and advisory work

Protection of a medical product both due to infringements of registered patents and designs and due to unfair replicas (Act against Unfair Competition; UWG)
Proceedings against unfair replicas (after expiration of the patent protection) taken all the way to the Federal Court of Justice
Involvement in a global dispute on the design of tablet PCs and smartphones
Proceedings regarding the protectability of a 3D shape mark taken all the way to the Federal Court of Justice
Involvement in a Europe-wide dispute with preliminary injunctions regarding the infringement of a supplementary protection certificate for a pharmaceutical
Decision by the FCJ containing a guiding principle regarding the delay in nullity appeals (patent law)

Choice-of-Law Rules in the EU – Special Issues with Respect to Community Rights – Infringement of Community Trade Marks and Applicable Law, in: Drexl, Josef / Kur, Annette (editor), Intellectual Property and Private International Law (IIC Studies Vol. 24), 2005, p. 201 - 213
Durchsetzung der Gemeinschaftsmarke – Internationale Zuständigkeit, anwendbares Recht und Rechtsfolgen bei Verletzung, Schriftenreihe zum gewerblichen Rechtsschutz, Volume 140, 2006
Die Zigarettendefinition gemäß Art. 4 Abs. 1 Richtlinie 95/59/EG, Anmerkung zum EuGHUrteil "West Single Packs", ZLR 2006, p. 158 - 162 (together with Dr. Andreas Wehlau)
Efficient IP Enforcement at Trade Shows in Germany, IP Litigator Volume 16 Number 4, July/ August 2010, p. 27-33

Law studies at the University of Bayreuth, Germany, and the Université Montesquieu, Bordeaux, France; legal clerkship at the Hanseatic Higher Regional Court in Hamburg, Germany
Maîtrise en droit privé (Bordeaux)
Fellow at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich, Germany
Doctorate on the enforcement of the Community trade mark (now: EU trade mark)
Admission as Attorney-at-Law (Rechtsanwalt) in Germany to the Munich Bar Association and Member of the Vienna Bar Asscociation

Foreign languages