The patent application for a process for an aphrodisiac and for enhancing the aphrodisiac effect of artichokes was rejected by the German BPatG - because a therapeutic procedure is not patentable. But is an aphrodisiac effect a healing treatment?
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May a French word mark and German word mark be refused on the grounds of lack of distinctiveness, even though the identical English version of this word mark is capable of protection? The pharmaceutical manufacturer Teva lost in this case concerning the multilingual word mark.
The UK Supreme Court ruled in the important FRAND ruling Huawei vs. Unwired Planet at the end of August. The appeal of Huawei was rejected, and UK courts are responsible for SEP license terms of disputed patents, including foreign patents.
A 17-year-old DE patent for digital printing was completely revoked by the BPatG. The patent did not meet the requirement of novelty, the court ruled, thus overturning the contradictory decision of the DPMA.
Clothing manufacturer KIK won before the European Court in the trademark dispute KIK vs. KIX and the allegation of likelihood of confusion. The CJEU used the case for clarification with regard to the term "textiles" in Nice class 35 - and that "discounters" are not a relevant characteristic.
Chocolate manufacturer Lindt experiences a setback in court. Lindt tried in vain to protect the gold of the golden easterbunny as a color mark. The famous Lindt golden rabbit is for the time being still not under trademark protection.
Ritter sport keeps its trademark right at square commodity form of the well-known chocolate, judged the BGH some weeks ago. In the now public full judgement the BGH states this as an important leading principle regarding a product shape with functional characteristics.
The Federal Constitutional Court (BVerfG) rejected the initial case, it nevertheless made an important decision for competition law: equality of arms in court also applies to the Unfair Competition Act.
In invalidity proceedings concerning an industrial and technical Community design, the CFI explained the proof of disclosure of an earlier design and its individual character: technical features are not relevant for individual character.
Chip manufacturer Qualcomm has reached an agreement with another major smartphone manufacturer on the licensing agreement: Huawei will pay $1.8 billion to Qualcomm Good timing in view of U.S. President Trump's entity list and Huawei's U.S. ban.
In a trade mark dispute between the two marks TIGHA vs. TAIGA for clothing and fashion, the ECJ did not assess the similarity between the marks, but ruled to define an independent subcategory of goods.
A German patent of Clariant on the biocidal composition for antibiotics, which has been revoked since 2016 for claims 1 to 5, remains revoked for those claims. Clariant's appeal against the revocation was unsuccessful before the Federal Patent Court.
The semiconductor manufacturer Intel was successful with an appeal before the Federal Patent Court. The German patent for radio communication by Intel was granted, which had previously been rejected by the DPMA. The BPatG explained what is obvious for an expert in radio communication.