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
The German federal government has passed a bill from the Ministry of Justice to strengthen fair competition. The law passed yesterday is intended to curb abuse through warnings. In addition, the bill provides for a repair clause in the automotive sector.
Important strike against product piracy with high-quality olive oil: Europol has seized 150,000 litres of counterfeit extra virgin olive oil in Germany in a joint action by Germany and Italy. Moreover border seizure is an effective means of preventing the import of fake goods.
The Federal Patent Court sees claims for use only in narrow interpretation as procedural claims in utility model protection. The Federal Patent Court ruled in accordance with the Federal Supreme Court that in particular protection claims relating to the use of known substances in the context of a medical indication are
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.
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 German Patent and Trade Mark Office published statistics on AI patent applications in Germany on the occasion of its annual DPMA User Forum conference. The analysis of the last five years shows that the USA are by far leading, Germany is still in the midfield, and China tripled its patent applications in DE during
The European patent 1 440 525 of the Dutch electronics group Philips is declared invalid in 7 out of 15 claims with effect for the territory of the Federal Republic of Germany. The patent in dispute is considered essential for the technical standard UMTS and LTE of mobile communication.
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.
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 addition to the protection of word marks or figurative marks, the three-dimensional design or shape of a trademark can also be protected - the 3D trademark. This is a figurative trademark that protects the packaging or shape of the product.