Art. 25 of the Patent Act states that patent applicants and holders who do not have residency or a local presence must be represented by an attorney-at-law authorised and empowered for proceedings in front of the Federal Patent Office, the Patent Court, and in civil proceedings (attorneys from the EU and the European Economic Area are eligible in principle).

Germany is a party to the Patent Cooperation Treaty (PCT).

There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Chapter 6 of the Act on Copyright and Related Rights establishes a series of usage- and purpose-based exemptions in Germany, e.g., temporary reproduction, reproduction for data mining and text analysis, reproduction for private and other personal purposes, teaching and scientific research, all under the condition of non-alteration and acknowledgement of the source.

The European Union and Germany have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The European Union and Germany have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Germany transposed the Directive in 2018, as well as with the Law transposing Directive (EU) 2016/943 on the protection of trade secrets against their unlawful acquisition, use and disclosure.

It is reported that passive sharing is mandated and practised both in the mobile and fixed sectors. To bolster mobile coverage and stimulate infrastructure sharing for MFCN, the Federal Network Agency imposed a specific obligation as part of the frequency award decision BK1-17/001. Upon request by other nationwide assignment holders, assignment holders must, in compliance with telecommunications and antitrust law, engage in negotiations on the shared use of existing nationwide networks (roaming) and about infrastructure sharing. The negotiations should be non-discriminatory. Infrastructure sharing is practised in Germany in the fixed sector and in the mobile sector.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

It is reported that the German State holds over a 30% stake in Deutsche Telekom AG. This stake includes 13.8% owned by the Federal Republic and 16.6% by KfW Bankengruppe, a state-owned investment and development bank. Deutsche Telekom AG, based in Germany, is one of the largest telecommunications providers in Europe, operating in over 50 countries worldwide.

According to Art. 45-3 of the Postal and electronic communications code, ".fr" domains can only be registered by physical persons residing in the territory of an EU member state or legal persons established there.

According to Art. 289A of the General Taxation Code, a person not established in the European Union who is liable for the value-added tax or must fulfil reporting obligations is required to have a taxable representative established in France accredited to the tax office.

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.

France has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

France has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.