Attorney-at-Law | Head of Litigation

Dr. Eike Schaper, Maître en droit

Head of Litigation at ABP Burger Rechtsanwaltsgesellschaft since October 2021.

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 as European Attorney-at-Law to the Vienna Bar Association

Foreign languages 

  • English
  • French

Memberships

  • GRUR
E-Mail: Eike.Schaper(at)abp-ip.de
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