Digital networking of companies make it possible to make a reported employee invention public worldwide, even though it was only reported to the U.S. parent company, for example. Is it considered released due to the alleged failure to file a claim?
A current report of the press agency dpa awakens the hope for the European Patent Court. European Commission has announced that the Unified Patent Court (UPC) is due to start in a few months, and it is up to Germany to clear the way. And Germany declared that this should happen 2020. Is the UPC really coming?
A patent of Audi AG for virtual text input is granted. Audi was successful with its appeal before the BPatG in the decisive question of inventive step: could a skilled person easily have come up with the same idea, given the state of the art?
Does 'Carl' as a first name have little distinctiveness - or because it is part of famous brands like Carl Benz or Carl Zeiss? An interesting ruling of the CFI, especially since a word mark generally has a stronger scope of protection than a word/figurative mark.
The analysis of the technical function of features of appearance was at the centre of an invalidity procedure concerning an industrial and technical Community design before the CFI. Both the applicant and the CFI referred to the analysis in accordance with the DOCERAM judgment from 2018.
The ECJ ruled on the borderline between copyright and public lending right: a music clip in a video does not make the video a " phonogram ". This is relevant because there are EU rules on reproduction and remuneration for phonograms.
For employee inventions in a German company that is integrated into an international group structure, the German Employee Invention Act applies in principle. This situation creates uncertainty: How are employee inventions remunerated in the group?
The invention of the CRISPR Gene Scissors was awarded this year's Nobel Prize; it is considered a groundbreaking therapeutic approach. Not surprisingly, there has been a competition for the priority right of patents for years. Priority right cannot be fragmented, the Board of Appeal decided.
Deutsche Post AG lost in the trade mark dispute over the well-known figurative mark: a stylised post horn on yellow paint. A very similar figurative mark had been registered from Slovenia - rightly so, the CFI held that a post horn had only a weak distinctive character in the EU.
German repair clause becomes law - restricted to formally bound spare parts. The Bundesrat, the upper house of the German parliament, has passed the "Act to Strengthen Fair Competition" as the final instance of legislation, and this also includes the new German repair clause in the DesignG.
The Federal Council of Germany has passed the "Act to Strengthen Fair Competition" as the final instance of legislation. The Act is now expected to come into force soon: it is a major update of the German UWG, particularly with regard to legal violations of the duty to provide information on the Internet and against
The final results of the BioNTech vaccine were eagerly awaited, and today the German company reports success with the Corona vaccine. The Mainz-based company has been securing numerous patents for medical RNA treatment for many years - and has been successfully licensing them for years.
Long awaited, now it has been decided by the Federal Cabinet: the modernisation of patent law in Germany. It contains some major changes to patent infringement proceedings - is this the end of the Injunction Gap? - and clarifies the proportionality of injunctive relief, i.e. of patent trolls.
Medicinal products, which are not specifically identifiable in the basic patent cannot be considered to be covered by its patent protection - although they fall under a functional definition of the patent claims, the BPatG ruled in the Royalty Pharma case in line with the ECJ.
3D printing is a trend, and no longer just for medical technology and mechanical engineering. Consumer goods manufacturers, industry and even the food sector are also using 3 D printing. In a two-part article we summarise the legal situation regarding patent rights and copyright in 3 D Printing.