Intellectual Property Rights (IP)

Digitalisation and, in particular, the rapid development of artificial intelligence (AI) pose new challenges for copyright law. On 11 November 2025, the 42nd Civil Chamber of the Regional Court of Munich I, which specialises in copyright law, issued a landmark ruling in the case "GEMA v. OpenAI". It thus strengthens the position of authors vis-à-vis AI providers and obliges OpenAI to cease and desist and potentially pay damages for the use of copyrighted song lyrics in the training and operation of its language models. The judgement is not legally binding, but has a signal effect for the entire industry

The Distance Learning Protection Act (FernUSG) dates back to 1977 - and was originally intended to regulate distance learning courses where communication was conducted in analogue form by post. Today, the law is still highly relevant for providers of digital training or coaching. In two recent decisions (BGH of 12 June 2025 - III ZR 109/24 and BGH of 2 October 2025 - III ZR 173/24), the Federal Court of Justice confirmed a broad interpretation of the scope of application of the FernUSG. The FerUSG already applies if providers use keywords such as "graduate" or "course" in the course description. Furthermore, entrepreneur contracts are also covered in principle.

In its judgement of 23 October 2020, the Federal Labour Court ruled that a female employee can also use the salary of a male top earner as a comparison in an equal pay claim and that the median salary is not decisive. The Federal Labour Court has thus noticeably strengthened legal protection in equal pay claims.

The dispute over the labelling of alcohol-free or vegan alternative products is in full swing. According to Art. 9 Para. 1 a) in conjunction with Art. 17 FIR (EU) No. 1169/2011, foods may only be freely labelled if there is no legally prescribed designation for the specific food. This is already the case for spirits or jams, for example. In future, corresponding restrictions could also apply to meat substitutes.

Berlin Regional Court clarifies that the imitation of a celebrity voice generated by artificial intelligence can also infringe personal rights. In the case of German voice actor Manfred Lehmann, the use of his AI-generated voice on YouTube was deemed unlawful and the defendant was ordered to cease and desist and the plaintiff was awarded a licence fee in accordance with the principles of unjust enrichment law.

At this year's IBA (International Bar Association) conference in Milan, I gave a presentation on "Conflicts of Jurisdiction in Cross-Border Disputes: Recent Developments". The focus was on the question of how effectively victims of digital personality rights violations in Germany can assert their claims against international platforms - and where the current legal and practical limits lie.

After the LAG Düsseldorf awarded an applicant damages of EUR 1,000 under Art. 82 GDPR, the eagerly awaited decision of the BAG (judgement of 5 June 2025 - 8 AZR 117/24) is now available. As part of the appeal proceedings, the plaintiff additionally demanded at least EUR 4,000.00 from the GDPR. Furthermore, he sought judicial clarification to the effect that the defendant was liable for all damages - both present and future - resulting from the data protection breach

The federal states are on the way to regulating the monitoring of compliance with the BFSG by a standardised market surveillance authority. The current status and consequences are documented here.

Digitalisation in agriculture is picking up speed: smart agricultural machinery, sensor technology in the field and data platforms are no longer the future, but everyday life. The EU Data Act, which sets rules for accessing, using and sharing data, is becoming a decisive factor here: