Niclas Gajeck
Rechtsanwalt (Lawyer), certified specialist in intellectual property, Senior Associate
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, also in the context of AI and data licensing agreements. 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, ASI, 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
Distinctions
- IP Star / Rising Star 2023, 2024
Designated IP Star / Rising Star by Managing IP
Insights
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Career
Law studies at Augsburg University, studies abroad at Waseda University, Tokyo, Japan
Doctoral studies at Augsburg University (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
Secondment in the patent litigation department of a US partner law firm in Silicon Valley (in 2023)
Admitted to the Munich Chamber of Lawyers, German and EU Courts and before the UPC
Memberships
- Member of the Standing Committee Standards and Patents of the International Association for the Protection of Intellectual Property (AIPPI)
- Young Member Advisor of the German Group of AIPPI
- Member of the German Association for the Protection of Intellectual Property (GRUR), Founding Member of GRUR's Social Media Commitee
- Member of the German-Japanese Lawyers' Association, OpenRewi (Society for Open Legal Sciences) and ELSA Alumni Germany
Lectures
- AIPPI World Congress 2024 Hangzhou
Panelist, Paneldiskussion zum Thema "UPC - One Year In" - AIPPI Trilateral Meeting Germany/France/Poland 2024
Speaking from a German law / UPC perspective on the topic "Enforcement of Financial Claims" - AIPPI Young Members' Summit 2024
Moderation of the two European Panel Sessions on the Topics "Bad Faith Patterns" and "Recent UPC decisions" - Lex Mundi - IP CLE 2023
Speaking on Current Developments before the Unified Patent Court (UPC) - 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 on the Topic "Handling Evidence Across Europe" - AIPPI Young Members' Summit 2023
Speaking on the Topic "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
Speaker on the Topic "Licensing and Litigating of Standard-Essential Patents" - Lex Mundi - Trade Secrets CLE 2022
Speaker on the Topic "Trade Secret Protection and Enforcement: Tips and Traps Germany" - XPreneurs Noerr - Legal Day 2021
Speaker on the Topic "Intellectual Property Protection for Start-Ups"
Publications
- Data Access under FRAND Criteria - Lessons from the Field of SEP and Prognosis for the New Data Laws, GRUR 2024, 1068 (with Jochen Hegener)
- Cease and Desist through Damage Claims? The Scope of Patent Law Claims in Times of Artificial Intelligence, in: Honorary publication for Thomas Kühnen, Carl Heymanns Verlag, 2024 (with Ralph Nack)
- Definition of the Subject Matter of the Dispute in the Event of a Multitude of Copyright Claims, GRUR-Prax 2024, 201
- Organizer and co-author of AIPPI Germany's Comments to the Draft SEP Regulation (2023)
- KI-Protection for Inventors – the State of Things after "DABUS", RDi 2023, 408 (with Roman Scheibe)
- 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
- 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 the FRAND Defense, GRUR-Prax 2022, 685
- Sufficiently Specific Request for Injunctive Relief in Cases of Trade-Secret Infringement - 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., Part 2: GRUR-Prax 2021, 95 et seq.
- Softwareentwicklung through Artificial Intelligence, RDi 2021, 472 et seq. (with David Bomhard)
- 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)