The German Federal Supreme Court has confirmed the decision of the BPatG not to grant a provisional compulsory licence for a patent for cholesterol-lowering drugs. There is no public interest in the granting of a compulsory licence, since there are equivalent medicines.
Software is a broad term - it describes program code as well as algorithms but also computer-based or computer-involved techniques. Whether and, above all, when software is patentable, can be seen from a look at case law.
The Federal Supreme Court has specified the requirements with which the temporary suspension of the levy of execution of a patent infringement judgment can be achieved. The protection against enforcement by the court of appeal according to § 719 German Civil code in principle requires an application for protection
If a patent in the granted version and also in a limited version is defended in the first instance, any grounds of appeal must challenge any supporting consideration. The BGH issued a ruling on the inadmissibility of an appeal in German patent nullity proceedings.
In the Debrisoft II case, the Federal Supreme Court ruled as a guiding principle whether and to what extent the principles of exhaustion of trademark rights in parallel imports of medicinal products also apply to medical devices would only be relevant in the case of repackaging or re-labelling.
A patent infringer must surrender the profit he has made from the patent infringement - even after the limitation period for the liability for damages has expired. In a ruling on a guiding principle the BGH stated that there is a claim for residual damages for this profit and a comprehensive claim for information and
The Federal Patent Court declared the German part of the European patent on polymer foam invalid. This is part of many years of patent proceedings concerning polymer foam - important for all adhesive products.
A mattress purchased online can also be returned without protective film in the revocation, the ECJ ruled. A mattress does not belong to the sealed goods, which are not suitable for the return for hygiene reasons.
Is advertising with Olympia permissible if Olympic rings or compound words such as "Olympic" or "Olympic suspect" are used? The Federal Supreme Court ruled on the interpretation of the German Olympic Protection Act and strengthened trade with its ruling.
In today's preliminary ruling of the European Court of Justice on the long-standing feud over the short music sequence "metal on metal", the right of the first phonogram producer was confirmed. This landmark decision in copyright law is the final of a long-running case in German courts and is decisive for artistic