Does the value in dispute in SEP invalidity proceedings have to be set with a significant increase due to the high value of the own use of an SEP? The German Federal Supreme Court (BGH) ruled on this in the leading decision 'Nichtigkeitsstreitwert III' in invalidity dispute about a patent in area communication system.
The ECJ has given a ruling on the calculation of the period of prescription for claims for EU plant variety rights interpreting Art. 96 of EU Regulation No. 2100/94: Is a distinction to be made between individual and continuing acts of infringement?
The amendments of China's patent law has been in force since 1 June. Among other things, it also contains important amendments for patent protection in China in the field of Pharmacy and Life sciences: earlier infringement action against generic manufacturers is possible and longer compensation for the application of
Does a partial withdrawal and limitation to one part of the goods and services in the opposition proceedings entail a partial withdrawal of the opposition to the other part? The CFI explained in this context the scope of the Board of Appeal's examination in the opposition proceedings between Škoda and Škoda.
One of the partners applies for the sign used within a distribution system alone as a trademark: Bad faith? If one of the partners does so within the framework of a long-standing distribution relationship, even though he is not the only one entitled to do so, then there is bad faith, ruled the LG München.
Artificial intelligence stands in for musical genius? This weekend - on 9.10.2021 - Beethoven's 10th Symphony was performed in a world premiere - as the creation of an artificial intelligence. The AI completes last Beethoven Symphony, known as "the unfinished".
In the trademark dispute over the EU trademark application PORTWO GIN, the interest group for wines from Douro and Porto won. The protected designation of origin PDO "Porto" could lose its reputation. PDO "Porto" could be exploited in its reputation by the trademark application PORTWO GIN, the CFI ruled.
A long known, old functional principle can be "non-obvious" and therefore inventive in the sense of patentability, the BGH ruled in its leading decision 'Laufradschnellspanner' - even if the functional principle is used in devices that have also been known for a long time.
Merck is not just one global pharmaceutical company - but two. The German Merck KGaA and its US counterpart Merck & Co have equal-ranking naming rights and a co-existence agreement - and and have been in an international trademark dispute over it for years. The reason: global perception of MERCK on the internet.
The right from a European patent with an Employee’s invention is regulated under § 60 EPC. Also, this applies as a standard for the vindication on a European bundle patent, is ruled by the German OLG Frankfurt, i.e. for claiming the transfer of illegally filed European patent rights. And: an upper signature instead of
The ECJ had laid down principles for establishing bad faith in an EU trade mark application in 2009 with the Lindt/Sprüngli judgment and in 2019 with the 'KOTON' decision. Now the CFI applied these principles: trade mark bad faith in practice in case law 'Agate'.
Can one rely on the earlier but invalidated design in invalidity proceedings to challenge the novelty or pecunarity of another design? The CFI ruled on a design for signalling equipment that was declared invalid in parallel invalidity proceedings.
The Swiss Federal Supreme Court confirms cancellation of the shape mark for Nespresso capsules. It was absolutely impossible to register a technically necessary shape, even if it had become established as a trade mark in the market.
The CFI ruled on the likelihood of confusion between Kolibri and Collibra. The issue was not only the similarity of the words, but of the claimed service: software and computer programs. Similar software, although different purpose?
The just published Global Innovation Index 2021 of WIPO shows new shifts in innovation performance. Republic of Korea is listed in the top 5 for the first time, and China improves to 12th place among the most innovative nations. Germany reaches 10th place - behind Denmark. Europe and the USA are strong, and Asia is