Niclas Gajeck
Rechtsanwalt (Lawyer), certified specialist in intellectual property, Senior Associate
Intellectual Property
Dr. Niclas A. Gajeck litigates a wide range of complex patent disputes at Noerr, particularly in the field of standard-essential patents. Apart from patent litigation, Niclas also advises in various adjourning fields of the law, such as competition law, the protection of trade secrets and IP licensing. Niclas clients' encompass government agencies, industry leaders in the fields of communications technology, virtual advertising and network technology and hidden champions in other fields of technology alike.
Projects
- Market-Leading Handset and TV Manufacturers
Advising and litigating disputes on standard essential patents (concerning infringement, validity, FRAND, counterclaims, AASI, licensing - AIM Sport Vision AG / AIM Sport Development AG
Enforcement of patent claims / court decisions relating to AIM Sport's proprietary virtual overlay technology (preliminary injunction, infringement, validity) both nationally and before the UPC - Bavarian State Ministry of Economic Affairs, Regional Development and Energy
Advising in the negotiation and drafting of a research & development contract with GNA Biosolutions - Centripetal Networks Inc.
Enforcement of intellectual property rights in the field of network security technology; coordination of national and international litigation, in particular in the USA and Germany
Insights
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Career
Law studies at Augsburg University, studies abroad at Waseda University Tokyo, Japan
Doctoral studies at the University Augsburg (s.c.l.)
Legal clerkship at the Higher Regional Court Munich
Associate in the IP department of an US-law firm
With Noerr since 2020
Admitted to the Munich Chamber of Lawyers
Memberships
- Member of the Standing Committee Standards and Patents of the International Association for the Protection of Intellectual Property (AIPPI), young member representative of the German national group of the AIPPI
- Member of the German Association for the Protection of Intellectual Property (GRUR)
- Member of the German-Japanese Lawyers' Association, OpenRewi (Society for Open Legal Sciences) and ELSA Alumni Germany
Lectures
- Young Member Webinar 2023 of the German national group of AIPPI
Organization of the first Young Member Webinar of the German National Group of the AIPPI; Topic: Handling Evidence Across Europe - AIPPI Young Members' Summit 2023: Speaker, Moderator
Speaking on "The new frontier: Unified Patent Court" - ABPI Conference 2022 Panelist
Panel Discussion on Standard Essential Patents, with Luiz Henrique do Amaral and Flavia Romano, ABPI 2022, Sao Paolo, Brazil - AIPPI Young Members' Summit 2022 Speaker
Topic: "Licensing and Litigating of Standard-Essential Patents" - Lex Mundi - Trade Secrets CLE 2022
Topic: "Trade Secret Protection and Enforcement: Tips and Traps Germany" - XPreneurs Noerr - Legal Day 2021 Speaker
Topic: "Intellectual Property Protection for Start-Ups"
Publications
- KI-Protection for Inventors – the State after "DABUS", RDi 2023, 408
- Latest Developments in the SEP Landscape - Is FRAND more than just Willingness? LES Japan News, Vol. 63, No. 4, December 2022 · 19. Dez. 2022
- Stay of enforcement based on a FRAND defense, GRUR-Prax 2022, 685
- Trade secrets - Sufficiently specific request for injunctive relief - Comment on Higher Regional Court Schleswig, decision dated 28. April 2022 - 6 U 39/21, GRUR-RS 2022, 9007 - Teil-Kostenrechnung, GRUR-Prax 2022, 382.
- Fair trial and the right to be heard in preliminary injunction proceedings in patent law (Part 1), GRUR-Prax 2021, 69 et seq.
- Fair trial and the right to be heard in preliminary injunction proceedings in patent law (Part 2), GRUR-Prax 2021, 95 et seq.
- Softwareentwicklung via Artificial Intelligence, RDi 2021, 472 (in German)
- Order to use according to Section 5 para. 2 No. 5 Infection Protection Act (IfSG), 13 para. 1 Patent Act (PatG): unconstitutional? DÖV 2020, 1110 et seq.
- Trade secrets in the constitution, Nomos 2018 (PhD thesis, scl)
- Limited Control of Price Abuse in FRAND-Defense Cases (comment on LG Munich I, decision dated April 19, 2023 - 21 O 1890/22), GRUR-Prax 2023, 642