Dr. Alexander Bayer
I'm a partner in the IP team working from the Munich office, focusing on trademarks, designs, unfair competition and IT law, in particular data protection law. I am licensed as an attorney in Ohio, US and in Germany, and certified as specialist attorney for IP law in Germany.
Tel: +49 (0)89 540 4120 20
University of Hamburg, Ludwig-Maximilians-University, Munich (1st State Examination 1996; Dr. iur. 2001), McGill University, Montréal (LL.M. 1998), Max-Planck-Institute for IP and Tax Law, Munich (1998-2002)
German Association for Intellectual Property and Copyright Law (GRUR), German Association for Law and Information Technology (DRGI), German-American-Lawyers' Association (DAJV), International Trademark Association (INTA)
German, English, French
Best brains in...
... negotiations, be it in court or out of court, e.g. for closing agreements. I determine the client's "must-haves", and then fight hard to have them agreed without falling for the red herring. And, if this requires 36 hours of non-stop negotiations, so be it.
What's the highlight of your career so far?
Just a couple of weeks before the Soccer World Championship 2006, I was asked to assist the organiser of the biggest German Fan Festival to negotiate and close agreements for the festival, starting with public authorities regarding official and local sponsors to TV stations. I dealt with different nationalities, cultures, languages and personalities. Time was of the essence. It all worked out in time and it was the biggest party I have ever seen. The only downside was that Germany missed the finals. But that really was beyond my control!
Most challenging job you've ever done?
In the early years of my career, I had to defend a client's one-letter trademark, which was also part of the company name and the client's domain name. The claimant had prior rights on a trademark consisting of the identical alphabetic character and an exclamation mark. There was no precedent case with a similar constellation and the judge implied during the oral proceedings that he would decide in favour of the claimant.
I submitted another writ, summarised all arguments against the alleged claims and won. Initially fearing that he would have to change his well-established trade name and domain name, the client was able to keep them without any usage restrictions. I recently learned that the client merged with another company and both companies agreed to change the name after the merger. However, this time unforced...
What about your international credentials?
A multi-national perspective is essential for most clients. I have regularly advised clients on international M&A transactions regarding their IP/IT portfolio. In addition, most data protection reviews for clients who intend to use or transfer customer or employee data to other countries, whether it's for marketing purposes or discovery proceedings before US courts or arbitration / governmental panels, are not restricted to a purely national scenario. Most decisions, and therefore advice for such decisions, have an impact beyond national boundaries.
When have you ever gone the extra mile?
A client once called and asked me to help him out during contract negotiations which were deadlocked. He said that I would only need to come for one day, so I only took one shirt and suit with me. However, the negotiations lasted quite a bit longer. I had to rebook my flight several times, reschedule other appointments and had my outfit dry-cleaned overnight. For me, providing stand-out client service means providing technically excellent, commercial legal advice for the client, whenever they need it.
And what's your definition of creative legal solution?
A solution which is not in the books and not 'off the shelf', but is nonetheless legal.
What's been written or said about you that you're most proud of?
In the course of a trademark opposition proceedings, the opposing counsel from a well-know firm said to me: "Your last written pleading pressed my back against the wall. All I have left is to throw smoke-balls." That's quite a nice compliment from an opponent.
- Various trademark/unfair competition/design/copyright cases
- Various trademark opposition proceedings
- Representation of a German company in a US dispute proceeding re e-discovery requirements/conduction thereof
- Consultation of various subsidiaries of US companies re data protection requirements in compliance with US discovery rules
- Acting as external data protection officer for various clients
- Partner, Wragge & Co 2008 - present
- Associate in a US law firm - 2007-2008
- Associate in a German IP boutique 2003-2007
Trade marks, designs, copyright, unfair competition, media, patent, data protection/data protection compliance and litigation / dispute resolution in those areas of law
Consumer goods, media/entertainment, fashion, banking/finance, automotive and e-commerce
- 2nd State Examination / German bar -2002
- Max-Planck-Institute for Intellectual Property and Competition Law, Munich - 1998-2002
- Ludwig-Maximilians-University, Munich, Dr. iur. - 2001
- Ohio Bar - 1998
- McGill University, Montréal, LL.M. - 1998
- Ludwig-Maximilians-University, Munich, 1st State Examination - 1996
- University of Hamburg, 1992-1995
- German Association for Intellectual Property and Copyright Law (GRUR)
- German Association for Law and Information Technology (DRGI)
- German-American-Lawyers' Association (DAJV)
- International Trademark Association (INTA)
- Alumni Association of the Max-Planck-Institute for Intellectual Property and Competition Law (Vice President)
Publications and presentations
- Breakfast Seminar together with HuronLegal on discovery proceedings (Munich: 13 July 2011 / Hamburg: 23 November 2011)
- 7 myths about e-mail archiving, published at: computerwoche.de (26 January 2011)
- The Value and Treatment of Survey Evidence in Different Jurisdictions, 100 TMR 1373 - 1405 (co-author)
- Liability 2.0 - Does the Internet environment require new standards for secondary liability? An overview of the current legal situation in Germany, in: Prinz zu Waldeck und Pyrmont u.a. (Hrsg.), Patents and Technological Progess in a Globalized World - Liber Amicorum Joseph Straus, Springer 2008, pp. 365-377
- book review: Gerrit Hornung, Die digitale Identität - Rechtsprobleme von Chipkartenausweisen: Digitaler Personalausweis, elektronische Gesundheitskarte, JobCard-Verfahren (Diss.), Nomos Verlagsgesellschaft Baden-Baden, 2005, published at: K&R 2007, V-VI
- Getting the deal through - copyright in 21 jurisdictions worldwide 2007 (co-author), Publisher: Law Business Research Ltd., UK, 2007
- book review: Münchener Kommentar zum Lauterkeitsrecht, 1st ed. 2006, published at: beck-shop.de, 2006
- Liability for AdWords using trademarks (in German), The Canadian-German Lawyer, May 2004, p. III
- Pink ist nicht gleich Pink, Financial Times Deutschland, 08.06.2004, p. 32 (review of a court decision)
- Litigators at community patent proceedings - whose representation is it?, IIC 2003, pp. 361 - 373
- Der Patentanwalt - Stellung und Funktion im Rechtssystem, Schriftenreihe zum gewerblichen Rechtsschutz, Bd. 120, Köln: Carl Heymanns Verlag, 2002 (dissertation)
- European Patent Law - Introduction to the European Patent System (review of L. Dybdahl), GRUR Int. 2001, p. 490
- The applicability of the US "Attorney-Client-Privilege" to the German Patentanwalt (in German), Mitt. 2000, pp.216 - 223
- European Patent Law - Law and Procedure under EPC and PCT (Rezension von I. Muir, M. Brandi-Dohrn & S. Gruber), IIC 2000, p. 364
- Copyright Activities on the Internet - The Role of the Fixation Criterion, LLM. - Thesis, Montreal, 1997
German, English and French