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A protective brief (Schutzschrift) presents the potential respondent’s position before an anticipated urgent application is decided, potentially without an oral hearing.

What we examine

  • Assess the claim, potential applicants, competent courts and likely applications.
  • Identify and organise the relevant defence evidence.
  • Coordinate preventive filing with any response already required by served court documents.

Key legal considerations

A protective brief does not automatically prevent an injunction. In German IP and unfair competition cases, it is generally lodged in the central electronic protective briefs register in accordance with the applicable rules. Targeted, comprehensible submissions matter more than the volume of attachments.

Illustrative practical example

Before a threatened application, a business assembles the correspondence and technical or contractual evidence supporting its defence, so that the court can consider its position at an early stage.

Documents for the review

The warning, earlier undertakings, court correspondence, evidence and a dated chronology.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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