The ECJ ruled that the decisive factor for the scope of trademark protection is not whether the trademark is a figurative or a position mark, but only the way in which the trademark is perceived. The focus was on a sports shoe with dotted lines.
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.
Tonight there will be another important meeting on the Brexit between the EU and the British Government. It remains to be seen whether the UK's withdrawal from the international community will be regulated in an orderly manner. The IP rights for Community designs after Brexit have also not been clarified.
An important ruling for SPC in pharmaceutical law: The Federal Patent Court ruled positively on the granting of a supplementary protection certificate for an active substance composition protected by a formulation patent. This is to be regarded as an independent innovation compared to the previously approved individual