Beer, wine

and

Spirits.

The best possible protection starts with understanding: We know the legal challenges of the wine, beer and spirits industry in IP and IT law and have been successfully advising our clients in this area for many years.

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Wine, beer and spirits

The wine, beer and spirits industry is an essential part of the global luxury food industry. It encompasses the production, distribution and marketing of alcoholic beverages such as wine, beer and spirits. This industry is characterized by a rich tradition, continuous innovation and high competitive pressure. Companies are faced with the challenge of constantly improving their products in order to meet the increasing demands for quality, taste and sustainability. The value chain ranges from the procurement of raw materials and production to the distribution and marketing of alcoholic beverages, both offline and online.

As digitalization and globalization progress, many companies are shifting parts of their business processes to digital channels and expanding into international markets. This requires legal advice that takes into account not only national laws, but also international and cross-border issues. In addition, sustainability and environmental awareness are becoming increasingly important as consumers and regulators pay more attention to environmentally friendly production methods and transparent supply chains. Companies must therefore both comply with ecological standards and take into account the relevant legal framework conditions.

Alcoholic beverages are more than just consumer goods – they are an expression of culture, tradition and lifestyle. Only those who legally protect their trademarks, recipes and technologies will be able to compete in the long term.

As a stimulant, alcoholic beverages are an expression of culture, tradition and lifestyle. Only those who protect their trademarks legally and comply with regulatory requirements will be able to compete successfully in the long term.

IP and IT law for wine, beer and spirits

The alcohol industry faces specific challenges in the area of intellectual property (IP) and information technology (IT) law. Trademarks and designs are just as essential for many suppliers as protection through protected geographical indications to guard against counterfeiting, free riders and product piracy. At the same time, digital distribution channels, online marketing, e.g. in social media, and data protection are becoming increasingly important, whereby the protection of minors in particular must always be taken into account. Sound legal advice in the areas of IP and IT law is therefore essential in order to minimize legal risks and secure competitive advantages

Trademark protection in the alcohol industry

Building a strong trademark is of central importance for companies in the wine, beer and spirits industry in order to stand out from the competition and promote customer loyalty. Not only word and figurative trademarks play an important role in this, but also three-dimensional trademarks such as bottle shapes or label designs. We support companies worldwide in the registration, administration and monitoring of trademarks and carry out similarity searches in advance to avoid conflicts with other rights holders. On behalf of our clients, we effectively enforce trademark rights against infringers or defend against trademark claims. In the fight against product piracy, we work together with the customs authorities to intercept illegal counterfeits at the border and prevent them from entering the market in the first place.

Designs and copyrights in the beverage sector

Design law protects the external design of products. In the alcohol industry, these are primarily bottle designs, labels and packaging. With a registered design right, imitations can be prevented or effectively combated . If the designs are particularly creative, they can also be protected by copyright . The main advantage over design law is the longer term of protection. We support companies worldwide in the registration, administration and monitoring of designs and registered designs and, if necessary, also carry out novelty and individual character searches in advance. We effectively enforce copyrights and design rights against infringers or defend against corresponding claims.

Competition law and labeling obligations

On the one hand, competition law concerns protection against unfair practices by competitors. On the other hand, it concerns compliance with legal requirements, such as information and labeling obligations, especially towards consumers, and issues relating to the protection of minors. For example, new labeling requirements for wines have been in force in the European Union since December 8, 2023, which require information on ingredients, allergens, energy and nutritional values. These changes affect not only the bottle labels themselves, but also the presentation in online stores and price lists.

We support companies in the alcohol industry in the enforcement of and defense against competition law claims and advise them on compliance with food law regulations and labeling requirements.

IT law, e-commerce and data protection

Digitalization has also changed the wine, beer and spirits industry. Companies are increasingly selling their products online, using digital tools to address customers and relying on social media to generate reach. Accordingly, issues relating to IT law, e-commerce and data protection are also playing an increasingly important role here. We support companies with digitalization projects, the legally compliant design of online stores and the implementation of data protection regulations.

Our expertise – your advantage

Our many years of experience and specialization in IP and IT law enable us to develop tailor-made solutions for the specific requirements of the wine, beer and spirits industry. We support you from strategic advice through to the enforcement of your laws to ensure your long-term success in this dynamic market environment.