schutzfähiges

Schutzfähiges is a German legal term that translates to "protectable" or "eligible for protection." It describes something that can be legally safeguarded against unauthorized use or imitation. This concept is most commonly encountered in the realm of intellectual property law.

For something to be schutzfähig, it must typically meet certain criteria. For instance, an invention must be novel, involve an inventive step, and be capable of industrial application to be patentable and therefore schutzfähig. A work of art or literature must be original and possess a certain degree of creative expression to be protected by copyright. Trademarks are considered schutzfähig if they are distinctive and capable of distinguishing the goods or services of one undertaking from those of other undertakings.

The determination of whether something is schutzfähig is crucial for establishing exclusive rights. If an entity or individual can demonstrate that their creation, invention, or brand is schutzfähig, they can then pursue legal measures to prevent others from using it without permission. This protection encourages innovation and investment by allowing creators to benefit from their work. The specific requirements for schutzfähigkeit vary depending on the type of intellectual property right being sought and the relevant jurisdiction.