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.
A Second source license agreement influences the employee inventor remuneration in Germany. For the calculation of the remuneration of an employee invention, the invention values of customary license agreements are to be derived from these agreements.
May a press release inform that a competitor has manufactured his product using illegal recipes and trade secrets and has been sentenced to injunctive relief by a higher court? Yes, according to ruling of Federal Supreme Court, that denied illegal comparative advertising in this case.
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.
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.
The Federal Supreme Court ruled that a mosaic-like overall view of individual elements is not relevant for for determining the scope of protection of a design. A registered design must also be evaluated as an overall impression – even if its a design for a modular system.
The Federal Supreme Court has made a ruling on whether the refilling of a container with goods from another manufacturer constitutes a trademark infringement in Germany.
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
Interestingly, the last major proceedings on equivalence led to contradictory national judgments of the national courts. Do equivalent means tend to strengthen or limit the offence of patent infringement?
A first name can be used as company name and trade name - but what if the first name Otto is also a registered famous trademark? In the case Otto mail order company against Otto's Burger it was ruled by court yesterday, no likelihood of confusion was seen for the company's trademark "Otto".