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Burkhart Goebel
Partner, Madrid
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Burkhart Goebel is Regional Managing Partner Continental Europe since 1 July 2014 and a partner in the firm's Madrid office. He leads the international Intellectual Property, Media and Technology area. His practice is focused on IP dispute resolution (litigation, arbitration, mediation). He is an experienced IP litigator and handles multi-jurisdiction trademark, unfair competition, design and geographical indication litigation cases throughout Europe with a focus on Spain (including patent litigation) and Germany.

Burkhart represents clients before the European Court of Justice and the European Court of Human Rights and advises on WTO dispute settlement proceedings. He has broad experience in public international law IP issues (expropriation of IP rights, implementation of the TRIPS Agreement, bilateral investment treaties, bilateral treaties on the protection of IP, regional free trade agreements and IP).

Burkhart has significant experience in negotiating complex licence agreements.

  • Representing the world’s leading brewer before the Court of Justice of the European Communities in proceedings on an order for reference from the Court of Appeal of England and Wales on the interpretation of acquiescence and trademark infringement in cases of double identity under the Trademark Directive
  • Representing the world’s leading brewer in a groundbreaking case before the European Court of Justice referred from the Commercial Court of Vienna, Austria, leading to a decision that the Community system for the protection of geographical indications is conclusive and thereby pre-empts protection granted at national level under bilateral treaties
  • Representing one of the world’s leading telecommunication and media companies in multiple country litigation enforcing its well-known colour trade mark, including in Germany, Scandinavia and before the institutions of the European Communities, as well as advising on the global protection strategy for the company’s core brands
  • Representing a leading manufacturer of mobile phones and smart phones in patent infringement and patent invalidation litigation in Spain
  • Obtaining a landmark decision from the Grand Chamber of the European Court of Human Rights holding that both a trademark and a trademark application are protected as fundamental property rights under the European Convention on Human Rights

Published Works
Numerous publications and presentations on issues related to trademarks, geographical indications, plant patents and gene patents, IP and world trade, including:
  • Trademarks as Fundamental Rights – Europe, Trademark Reporter Vol. 99 No. 4 (2009)
  • Trade marks are ‘possessions’ – as are applications, JIPLP Vol. 2 No. 4 (2007)
  • Trade marks are possessions – but applications are not (yet), JIPLP Vol 1 No. 4 (2006)
  • Geographical Indications and Trademarks in Europe, Trademark Reporter Vol. 95 No. 6 (2005)
  • Geographical Indications and Trademarks – the Road from Doha, Trademark Reporter Vol. 93 No. 5 (2003)
  • Pflanzenpatente und Sortenschutzrechte im Weltmarkt (Plant patents and plant breeder’s rights in the world market), Berlin 2000