Constantin Rehaag

Practice Areas

Dr. iur. Constantin Rehaag, M.A., is a partner in Dentons' Frankfurt office and Europe Co-Head of the Intellectual Property, Data and Technology Group, as well as Co-Head of the IP/T practice group in Germany. He has more than 15 years’ experience in intellectual property, unfair competition and trade secrets’ law. He focuses on unfair competition and IP litigation, anti-counterfeiting and related criminal law matters, as well as trademark and design prosecution. His IP-litigation practice encompasses trademark, design, copyright and patent litigation. In view of the latter, he represents companies in patent infringement proceedings before the patent litigation chambers in cooperation with patent law firms. In particular in connection with unfair competition issues and in situations of crisis, Constantin advises and represents clients in privacy matters.

Numerous national and international groups and companies rely on his advice and proven litigation experience. His sector experience covers the following industries: pharma, e-commerce, entertainment, air transportation, luxury goods and fashion, automotive, toys, music and publishing, printing and office machinery.

Constantin is certified specialist lawyer for intellectual property law (“Fachanwalt für gewerblichen Rechtsschutz”) regularly publishes articles on intellectual property law as well as business secrets. He is a lecturer-in-law at the University of Passau as well as at the German Judicial Academy (Deutsche Richterakademie) where he provides advanced training to German judges and public prosecutors. He also gives courses at EUROJUST, the European prosecution service, where he trains public prosecutors from all Member States of the European Union. Constantin is a frequent speaker on litigation and business secret issues at patent and IP conferences.

Constantin was recently appointed to the European Union Intellectual Property Office (EUIPO) Observatory Legal Expert Group. The Group, comprised of 29 individuals, provides support to the European Commission, works on case law, and carries out studies related to legal matters such as trade secrets, copyrights and blocking orders, and other intellectual property topic.

Career

Partner, Dentons, Frankfurt, 2015 to date

Counsel, Dentons (formerly Salans), Frankfurt, 2011-2014

Associate, Salans, Frankfurt, 2010-2011

Associate, Mayer Brown LLP, 2005-2010

Professional Memberships

Member, German Association for Intellectual Property and Copyright Law (GRUR)

Member, German-British-Jurist’s-Association

Publications

Articles:

“German Court confirms that the operation of card sharing services for pay-TV is computer fraud,” Leading Internet Case Law, 2017

“Neuerungen für den Schutz von Betriebs- und Geschäftsgeheimnissen in Sicht,” (Harmonization of the Protection of Trade and Business Secrets in Sight) in: Newsletter VKE-KOSMETIKVERBAND, Edition 1, 2016

“Secondary liability for participating in internet file-sharing,” E-Commerce Law Reports, 2016

“Westward Ho! Investigations by US-authorities and the Transfer of Personal Data to the U.S.,” Privacy in Germany, 2015

“Die ‚rechtswidrige‘ Restitution? Zum Spannungsverhältnis zwischen der Herausgabe beschlagnahmter Piraterieware und der Strafbarkeit des Besitzes von Plagiaten zu Vertriebszwecken,” Mitteilung der deutschen Patentanwälte, 2013

“Darlegungs- und Beweislast für das Inverkehrbringen mit Zustimmung des Markeninhabers,” Gewerblicher Rechtsschutz und Urheberrecht – Rechtsprechungs-Report 8-9/2011

“Haftungsrisiko Internet,“ Verkehrsrundschau 3/2011

“Liability of Online Auctioneers: Auction Sites and Brand Owners Hammer It Out,” INTA Bulletin, 2010

“Strafbare Kennzeichen- und Gemeinschaftsmarkenverletzung: Die Tatbestände der §§ 143, 143 a MarkenG im Lichte der Entscheidungen C-281/05 - Montex Holdings Ltd.v Diesel SpA und I ZR 246/02 - DIESEL II,” Mitteilung der deutschen Patentanwälte, 2008

“Trademarks and Toys: The European Court of Justice limits the Rights of Trademark Proprietors to prohibit the Use of their Trademark on Scale Model (C-48/05 - Opel/Autec),” TerraLex Intellectual Property Newsletter 10/2007

“Bekämpfung von Produktpiraterie in den Mitgliedstaaten der Europäischen Union: Die strafbare Kennzeichenverletzung in England,” Gewerblicher Rechtsschutz und Urheberrecht International, 2006

Books:

Co-author (together with Dr Brandau), "Praxishandbuch IP-Strafrecht” (“Handbook on IP-Crime”), De Gruyter Praxishandbuch, 2016

Co-author, Produkt- und Markenpiraterie: Strafbare Verletzung gewerblicher Schutzrechte, Frankfurt School Verlag 2012

“Regelungen für Fälle der Marken- und Produktpiraterie aus Sicht des Logistikdienstleisters,” in: Logistikverträge, Heinrich Vogel Verlag, 2009

Experience

dtv Verlagsgesellschaft mbH & Co. KG: Representing the company in the enforcement of its trademark rights against dtw-Buch GmbH.

Street-fashion label: Defending the client’s rights against product pirates in various civil and criminal litigation matters, and advised on the trademark and design registration strategy.

World’s largest e-commerce company: Successfully representing the client in trademark and anti-trust litigation up to the Germany Federal Court of Justice.

Start-up from the energy sector (large capacity batteries): Advising with regard to the introduction of a business secret and compliance program.

Global market leader from the tissue industry: Representing the client in patent infringement and invalidity proceedings.

Leading mobility e-commerce platform: Advising on and litigating a case of business secret theft by a former employee.

Pharma company: Implementing a program for the protection of business secrets.

Protective glass industry client: Defending the client against claims of alleged patent infringement (infringement and invalidity case).

Toy company: Enforcing the rights of a client from the toy- industry (patent and unfair competition litigation).

Company from the chemical industry: Advising on and implementing (with the in-house team) a program for the protection of business secrets.

Pay-TV channel: Defending the client against attempted infringements of business secrets by brute force attacks.

Company from the nuclear industry: Litigating a case of business secret theft, recovering assets by means of criminal law.

Leading mobility e-commerce platform: Advising on trade mark registration strategies.

Pharma start-up accelerator: Advising on NDAs under the new Act on the Protection of Business Secrets.

US-company: Initiating and litigating criminal proceedings against a former company director of a German affiliate in order to recover the stolen business secrets of the client.

Swiss IT-company: Advising on business secret related aspects in connection with the acquisition of the company.

German governmental organisation: Advising the client on various IP-matters and copyright related issues.

World leading manufacturer of printing presses: Defending the client against claims of alleged copyright infringement.

Client from the music industry: Advising on the securitization of a large music portfolio in Germany.

Major airline: Representing the client in IP litigation.

Swiss pharmaceutical company: Representing the client in a trademark and patent litigation covering Germany and Hungary.

American multinational technology company focusing on e-commerce, cloud computing etc.: Representing the client in IP litigation, protection of algorithms etc.

Polish glass manufacturer: Representing the client in patent infringement and invalidity proceedings.

Market-leading German pharmaceutical company: Advising in civil and criminal proceedings in the largest known case of illegal sales of pharmaceuticals in Germany.

Companies from the fashion and luxury, printing, and forestry industries: Ongoing advice regarding brand protection, including strategic advice of registration and enforcement, customs measures, cooperation with the police and prosecution services and litigation.

Manufacturer of MFPs: Advising on design registration and the enforcement of the respective rights.

German company: Advising regarding the infringement of a patent regarding energy saving lamps.

US-client: Representing the client before the Arbitration Board of the German Patent and Trademark Office in an employee invention matter.

Global leader in printing: Drafting and negotiating IT-agreements for a German business association.

Major clients from the luxury goods, fashion and telecommunication industry: Advising on the registration strategies in view of trademarks and designs.

Education