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Martin KAGERBAUER Foreign Attorney (Admitted in Munich, Germany)

T.+82-2-3703-1417 F.+82-2-2122-3800
Martin KAGERBAUER Foreign Attorney
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Martin KAGERBAUER Foreign Attorney

Martin KAGERBAUERForeign Attorney (Admitted in Munich, Germany)

T.+82-2-3703-1417 F.+82-2-2122-3800E.mkagerbauer@kimchang.com

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Areas of Expertise

Overview

Mr. Kagerbauer is a foreign attorney at Kim & Chang in the Intellectual Property Practice as well as Corporate Governance.  He has extensive experience in working with multinational clients, especially headquartered in Europe or Asia.

Mr. Kagerbauer assists clients ranging from large multinational companies to small and medium-sized businesses from a variety of industries, such as automotive, fashion and luxury, food, life sciences, technology, entertainment.

He regularly advises on transactions as well as contentious matters involving IP rights, such as trademarks, designs, patents, trade secrets, copyrights, and other corporate assets.

He recently assisted clients in obtaining injunctions against patent infringers, investigation of trade secret protection breaches, obtaining undertakings from trademark, design, copyright and unfair competition law infringers and securing domain names.  He facilitated defense against trademark oppositions in Europe, defense of IP infringement claims in the US, trademark invalidation actions in China and litigation and negotiation of licensing agreements related to patents, trademarks, designs, copyrights and domains in Korea.

He also advised clients on labelling and certification requirements, review of contracts, dealing with breaches of contracts, acquisition of shares, civil, criminal and administrative litigation, enhancement of corporate governance structure, improvement of labor relations and establishment and closure of Korean business operations.

In these assignments, he played a major role as key contact with clients in reviewing and drafting the relevant materials, developing strategies and reviewing laws and regulations in domestic and multi-jurisdictional cases.

He is admitted to the German bar.

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Profile

Experience

Kim & Chang (2007-Present)

Partner, AKKT Attorneys at Law, Munich, Germany (2003-2007)

Regensburg District Court, Bankruptcy Trustee (2003-2007)

Gruber Attorneys at Law (2002-2003)

High Court Munich as legal trainee (2000-2002)

Representative MattersView All

  • Supported European machinery and electronics company in stopping of 3rd party's design infringement.
  • Advised European auto parts company in defense in criminal unfair labor practice court case.
  • Assisted European tube manufacturer in successfully overcoming office actions against patent applications.
  • Assisted major European media company with prior art search leading to successful invalidation of an NPE's patent in European patent litigation.
  • Advised Korean auto parts company on defending patent infringement claims in Europe.
  • Advised Korean electronics company on defending patent infringement claims in Europe.
  • Advised Japanese company in Europe on questions regarding European patent litigation.
  • Assisted European sports company with cease and desist letters to large Korean companies regarding trademark issues.
  • Assisted European sportswear company in various trademark disputes and assignment negotiations.
  • Assisted European measuring tools manufacturer with cease and desist letter to Korean companies based on trademark and design infringement.
  • Assisted European fashion manufacturer in various successful civil and administrative actions against a Korean fashion manufacturer.
  • Advised large Korean company on appeal against preliminary trademark infringement injunction in Germany.
  • Supporting Korean food company with management of its overseas trademark portfolio.
  • Supporting Korean cosmetics company with management of its overseas trademark portfolio.
  • Advised global US company on European copyright law.
  • Assisted leading European electronics manufacturer in administrative domain action.
  • Assisted European automotive supplier with compliance training and review.
  • Assisted European industrial equipment supplier with FDI queries.
  • Reviewed General T&C for European automotive supplier. 
  • Assisted European automotive supplier with acquisition of shares in Korean entity.
  • Assisted European automation technology company with FDI and HR related inquiries.
  • Assisted European finance company with review of corporate agreements and regulatory requirements.
  • Assisted European auto company with customs litigation.
  • Defended European auto parts company with FX issues.
  • Assisted European auto parts company with review of various corporate agreements.
  • Assisted European defense company in successful defense of civil litigation through two instances.
  • Assisted European supplier to electronics industry in export control case.
  • Assisted European measuring company with review of employment agreements.
  • Assisted European Pharmaceutical company related to review of distribution agreement.
  • Advised European electronics company in successfully obtaining patent-based preliminary injunction.
  • Advised Korean automotive supplier in patent infringement and invalidation litigation in Germany.
  • Advised Korean electronics company on patent infringement litigation system in Germany.
  • Advised Japanese optics company on patent infringement litigation system in Germany.
  • Advised European car company in successful cancellation of Korean trademark.
  • Advised European outdoor fashion brand in successful settlement of trademark disputes.
  • Advised European pharmaceutical company in successfully obtaining trademark-based injunction.
  • Advised US software company on European copyright exhaustion related to permanent software licenses.
  • Advised European auto finance company in financial supervisor audit.
  • Advised European auto supplier in successful defense of customs audit.
  • Advised European vehicle manufacturer on Korean homologation and certification.
  • Advised European construction machinery manufacturer on Korean environmental standards.
  • Advised European filter company on Korean joint venture aspects.
  • Advised European software company with establishment of Korean presence.
  • Advised European electronics company with acquisition of shares in Korean company.
  • Advised European medical device company with distribution agreements.
  • Advised European automotive supplier in transfer-pricing and DTA questions.
  • Advised European automotive supplier in joint venture dispute.

Representative ActivitiesView All

Publications/Activities
    • Korea Business Day, Hamburg April/2014, Market Entry in South Korea (presenter)
    • KORUM December/2014, IP Right Issues in R&D Cooperation in Korea (co-author)
    • Kluwer Smart Charts 2012, Korea Chapter (co-author)
    • Kluwer Law International 10/2011, Global Patent Litigation (co-author)
    • Kluwer Law International 2011, Patent Practice in Japan and Europe: Notable Differences between Korean and German Patent Infringement and Invalidation Practices (co-author)
    • CIP Report 02/2010, Korean Scope Confirmation Trial (co-author)
    • KORUM April/2008, Safe Servicing of Intent Declarations (author)

Education

Second State Examination in Law (2002)

Judicial Research and Training Institute of the Munich High Court (2000-2002)

First State Examination in Law (2000)

College of Law, Ludwig-Maximilian University Munich, Germany (1994-1999)

Qualifications

Admitted to bar (Rechtsanwalt), Germany, 2002

Languages

German, English and Korean

Insights

Professionals

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Martin KAGERBAUER
Foreign Attorney (Admitted in Munich, Germany)


T. +82-2-3703-1417      
F. +82-2-2122-3800      
  




Mr. Kagerbauer is a foreign attorney at Kim & Chang in the Intellectual Property Practice as well as Corporate Governance.  He has extensive experience in working with multinational clients, especially headquartered in Europe or Asia.

Mr. Kagerbauer assists clients ranging from large multinational companies to small and medium-sized businesses from a variety of industries, such as automotive, fashion and luxury, food, life sciences, technology, entertainment.

He regularly advises on transactions as well as contentious matters involving IP rights, such as trademarks, designs, patents, trade secrets, copyrights, and other corporate assets.

He recently assisted clients in obtaining injunctions against patent infringers, investigation of trade secret protection breaches, obtaining undertakings from trademark, design, copyright and unfair competition law infringers and securing domain names.  He facilitated defense against trademark oppositions in Europe, defense of IP infringement claims in the US, trademark invalidation actions in China and litigation and negotiation of licensing agreements related to patents, trademarks, designs, copyrights and domains in Korea.

He also advised clients on labelling and certification requirements, review of contracts, dealing with breaches of contracts, acquisition of shares, civil, criminal and administrative litigation, enhancement of corporate governance structure, improvement of labor relations and establishment and closure of Korean business operations.

In these assignments, he played a major role as key contact with clients in reviewing and drafting the relevant materials, developing strategies and reviewing laws and regulations in domestic and multi-jurisdictional cases.

He is admitted to the German bar.






    Kim & Chang (2007-Present)

    Partner, AKKT Attorneys at Law, Munich, Germany (2003-2007)

    Regensburg District Court, Bankruptcy Trustee (2003-2007)

    Gruber Attorneys at Law (2002-2003)

    High Court Munich as legal trainee (2000-2002)






  •   Supported European machinery and electronics company in stopping of 3rd party's design infringement.
  •   Advised European auto parts company in defense in criminal unfair labor practice court case.
  •   Assisted European tube manufacturer in successfully overcoming office actions against patent applications.
  •   Assisted major European media company with prior art search leading to successful invalidation of an NPE's patent in European patent litigation.
  •   Advised Korean auto parts company on defending patent infringement claims in Europe.
  •   Advised Korean electronics company on defending patent infringement claims in Europe.
  •   Advised Japanese company in Europe on questions regarding European patent litigation.
  •   Assisted European sports company with cease and desist letters to large Korean companies regarding trademark issues.
  •   Assisted European sportswear company in various trademark disputes and assignment negotiations.
  •   Assisted European measuring tools manufacturer with cease and desist letter to Korean companies based on trademark and design infringement.
  •   Assisted European fashion manufacturer in various successful civil and administrative actions against a Korean fashion manufacturer.
  •   Advised large Korean company on appeal against preliminary trademark infringement injunction in Germany.
  •   Supporting Korean food company with management of its overseas trademark portfolio.
  •   Supporting Korean cosmetics company with management of its overseas trademark portfolio.
  •   Advised global US company on European copyright law.
  •   Assisted leading European electronics manufacturer in administrative domain action.
  •   Assisted European automotive supplier with compliance training and review.
  •   Assisted European industrial equipment supplier with FDI queries.
  •   Reviewed General T&C for European automotive supplier. 
  •   Assisted European automotive supplier with acquisition of shares in Korean entity.
  •   Assisted European automation technology company with FDI and HR related inquiries.
  •   Assisted European finance company with review of corporate agreements and regulatory requirements.
  •   Assisted European auto company with customs litigation.
  •   Defended European auto parts company with FX issues.
  •   Assisted European auto parts company with review of various corporate agreements.
  •   Assisted European defense company in successful defense of civil litigation through two instances.
  •   Assisted European supplier to electronics industry in export control case.
  •   Assisted European measuring company with review of employment agreements.
  •   Assisted European Pharmaceutical company related to review of distribution agreement.
  •   Advised European electronics company in successfully obtaining patent-based preliminary injunction.
  •   Advised Korean automotive supplier in patent infringement and invalidation litigation in Germany.
  •   Advised Korean electronics company on patent infringement litigation system in Germany.
  •   Advised Japanese optics company on patent infringement litigation system in Germany.
  •   Advised European car company in successful cancellation of Korean trademark.
  •   Advised European outdoor fashion brand in successful settlement of trademark disputes.
  •   Advised European pharmaceutical company in successfully obtaining trademark-based injunction.
  •   Advised US software company on European copyright exhaustion related to permanent software licenses.
  •   Advised European auto finance company in financial supervisor audit.
  •   Advised European auto supplier in successful defense of customs audit.
  •   Advised European vehicle manufacturer on Korean homologation and certification.
  •   Advised European construction machinery manufacturer on Korean environmental standards.
  •   Advised European filter company on Korean joint venture aspects.
  •   Advised European software company with establishment of Korean presence.
  •   Advised European electronics company with acquisition of shares in Korean company.
  •   Advised European medical device company with distribution agreements.
  •   Advised European automotive supplier in transfer-pricing and DTA questions.
  •   Advised European automotive supplier in joint venture dispute.





Publications/Activities

  •   Korea Business Day, Hamburg April/2014, Market Entry in South Korea (presenter)
  •   KORUM December/2014, IP Right Issues in R&D Cooperation in Korea (co-author)
  •   Kluwer Smart Charts 2012, Korea Chapter (co-author)
  •   Kluwer Law International 10/2011, Global Patent Litigation (co-author)
  •   Kluwer Law International 2011, Patent Practice in Japan and Europe: Notable Differences between Korean and German Patent Infringement and Invalidation Practices (co-author)
  •   CIP Report 02/2010, Korean Scope Confirmation Trial (co-author)
  •   KORUM April/2008, Safe Servicing of Intent Declarations (author)





Education

    Second State Examination in Law (2002)

    Judicial Research and Training Institute of the Munich High Court (2000-2002)

    First State Examination in Law (2000)

    College of Law, Ludwig-Maximilian University Munich, Germany (1994-1999)


Qualifications

    Admitted to bar (Rechtsanwalt), Germany, 2002


Languages
  •    German, English and Korean





Germany (IP) ,  Mechanical Engineering ,  Intellectual Property ,  Germany ,  Europe ,  Trademark ,  Intellectual Property Dispute ,  Labor & Employment ,  Design ,  International IP Prosecution ,  International IP Disputes