Postponed: Webinar by Dr Daniel Herrmann on 30 April 2021 on the topic of “Patent protection in the context of a market entry in Europe”

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Attention: The event is postponed due to the current pandemic situation in India. Update will follow.

On the occasion of a digital event for start-ups and SMEs of the global entrepreneurial networks “The Indus Entrepreneurs (TiE)”, AsiaBerlin and ENPACT, BOEHMERT & BOEHMERT partner and patent attorney Dr. Daniel Herrmann (Frankfurt, Munich) will participate in a panel discussion entitled “Go To Market Strategy for Germany: An Indian Perspective” by invitation on 30 April 2021 at 15:00 (CEST).

The webinar is primarily aimed at companies from India interested in the European market and will cover patent law as well as other legal, tax and business aspects of entering the market.

The webinar will be held in English. Please register your participation under the following links:

https://www.eventbrite.ca/e/asiaberlin-go-to-market-strategy-for-germany-an-indian-perspective-tickets-147948039569

https://hub.tie.org/e/go-to-market-strategy-for-germany-an-indian-perspective-8rrk4szmnlofsyz?v=m

 

The Trademark Lawyer Magazine Law Firm Rankings 2021/22: BOEHMERT & BOEHMERT among the Top 10 Law Firms in Germany

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“Most Well-Respected Law Firm” is the assessment of “The Trademark Lawyer Magazine” in the issue 2/2021. In the field of trademark law, the trade journal thus ranks BOEHMERT & BOEHMERT among the ten leading law firms in Germany this year.

The ranking is published annually under the title “A comprehensive list of the 10 most well-respected law firms from the UK & Europe”. Factors such as expertise, positive peer reviews, market profile, alternative industry rankings and feedback from readers, clients and the international publisher network are taken into account to identify the top 10 law firms for trademark law.

“The Trademark Lawyer Magazine” is published every two months in print and electronically and sees itself as an indispensable publication for all trademark lawyers worldwide. With a reach of around 30,000 per issue, the journal says it is aimed at in-house and private practice trademark lawyers as well as IP associations and C-suite executives.

The complete ranking may be viewed here from page 24.

The Legal 500 – EMEA 2021: BOEHMERT & BOEHMERT awarded as Top Tier Firm

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BOEHMERT & BOEHMERT has again been rated “Top Tier Firm” by “The Legal 500 – Europe, Middle East & Africa”. Thus the firm’s recognition on a national level is followed by an equally outstanding assessment in an international comparison. BOEHMERT & BOEHMERT was awarded in the four categories “Patent Litigation”, “Patent Prosecution”, “Trade Marks” and “Media: Entertainment”.

Thirteen patent attorneys and attorneys at law were singled out for special mention:
Dr. Carl-Richard Haarmann and Dr. Michael Rüberg (both for “Patent Litigation”), Dr. Markus Engelhard, Nils T. F. Schmid, Dr. Dennis Kretschmann, Dr. Daniel Herrmann, Dr. Karl-Heinz Metten and Prof. Dr Heinz Goddar (all for “Patent Prosecution”), Dr. Rudolf Böckenholt, Dr. Andreas Dustmann, Dr. Carl-Richard Haarmann, Dr. Martin Wirtz and Peter Gross (all for “Trade Marks”) as well as Dr. Martin Schaefer for “Media”.

“BOEHMERT & BOEHMERT combines a very active patent application and portfolio management practice with a broad sector focus and an extensive advice spectrum, which includes patent law alongside utility model and employee invention law”, is the reason given by The Legal 500 EMEA for the “Tier 1 Firm” rating for the “Patent Prosecution” area. The special expertise of the firm’s internationally operating team lies in the fields of elecrotechnology, mechanical engineering, software and IT, physics and life sciences, including biotechnology and pharmaceuticals.

BOEHMERT & BOEHMERT’s “Trade Marks” team also received great recognition. It advises confidently on national and cross-border matters pertaining to portfolio management and development as well as challenging infringement proceedings.

With regard to the category “Patent Litigation”, The Legal 500 EMEA states that the firm has increased its clout in the market through personnel reinforcement. As a mixed patent law and attorney-at-law firm, BOEHMERT & BOEHMERT can draw on a considerable pool of technical experts and cover a broad sector spectrum.

In addition, the “renowned copyright lawyers” of the law firm for the area of “Media: Entertainment” around lawyer Dr. Martin Schaefer are praised.

The Legal 500 Europe, Middle East and Africa (EMEA) offers its readers an annually updated evaluation of leading law firms and attorneys in the countries of the region by impartial third parties. The EMEA guide provides an overview of 88 countries with more than 2,700 law firms and their assessments. There is no fee for participation. The Legal 500 EMEA’s team of experts compiles its evaluations and rankings purely on the basis of services rendered.

The ranking for Germany can be viewed here.

Workshop of the Finnish Ministry of Education on Copyright Infrastructure on 28 April 2021 with Dr. Martin Schaefer

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As part of its efforts to develop a copyright infrastructure and a human centered thriving European data economy, the Finnish Ministry of Education, in the person of Anna Vuopala, is once again inviting participants to open workshops with online discussion on 21 and 28 April 2021. 

While the first event will focus on the topic of “Registration of Copyright”, the second workshop will be about the “State of Play on Copyright Infrastructure”. 

In addition to well-known speakers, BOEHMERT & BOEHMERT lawyer Dr. Martin Schaefer has also been invited to participate with the presentation “Conception of a European, Decentralised Platform for Music” on 28 April at 2.40 pm (2.40 PM CET). 

Until 27 April 2021, anyone interested is invited to register for the online event in English at anna.vuopala@minedu.fi.

“Pan-European Preliminary Injunctions in Patent Infringement Proceedings” – Dr. Michael Rüberg speaks and moderates at the World IP Forum 2021

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“New Risks, New Challenges & Emerging Solutions” is the topic of the 9th edition of the World Intellectual Property Forum 2021, which will be held purely virtually this spring.

On three conference days between 26 April and 5 May, experts from all over the world will inform and exchange views on recent developments in Intellectual Property and its syncing with business objectives.

For the event “Pan-European Preliminary Injunctions in Patent Infringement Proceedings: How to litigate in Germany, Italy, Netherlands and UK”, BOEHMERT & BOEHMERT partner and attorney-at-law Dr. Michael Rüberg will be responsible as moderator and speaker on the topic of “Germany”.

The virtual event with other renowned speakers will take place on 2 May 2021 from 8.23 to 9.24 a.m. (America/New York time zone) in Room 2.

Registrations for the World IP Forum 2021 will be accepted online on the organiser’s website.

“Intellectual Property Rights & Innovations” – Panel discussion with Dr. Daniel Herrmann on 23 April 2021

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As part of the “Impact Speakers Series”, the international business network “The Indus Entrepreneurs” (TiE) will host a panel discussion on “Intellectual Property Rights & Innovations” on 23 April 2021 at 13:30 (CEST).

The target group is Indian companies or companies operating in India that are interested in national and international patent law or are planning to do business in Europe.

In addition to BOEHMERT & BOEHMERT partner and patent attorney Dr. Daniel Herrmann (Frankfurt, Munich), the panel will include the following high-ranking participants:

– Nitin Sachdeva, President – TiE Nagpur & Managing Director – delaPlex,

– Pankaj Borkar, Dy. Controller of P&D Patent Office, Mumbai & Head – RGNIIPM, Nagpur, Govt. of India,

– Srivathsa NS, Senior Engineering Director, Solutions Architecture & Innovation – Unisys

The panel discussion will be purely virtual as well as in English. Registration is mandatory. Please use the following link:

https://hub.tie.org/e/impact-speaker-series–intellectual-property-rights–innovations

“Basic price to be indicated for pre-packages with concentrates and powdery contents” – Dr. Rudolf Böckenholt on the judgement of the VG Berlin in a new GRUR-Prax article

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In issue 8/2021 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht / Praxis im Immaterialgüter- und Wettbewerbsrecht”, BOEHMERT & BOEHMERT partner and attorney at law Dr. Rudolf Böckenholt discusses a judgement of the Berlin Administrative Court of 23.02.2021 (VG 4 86.19, BeckRS 2021, 4332) on the mandatory indication of a basic price also for pre-packaged dry powders.

The court found that the indication of a basic price was in principle dependent on the fact that a product was offered by weight, volume, length or surface. However, it was not only the goods (in the sense of the dry mass) that mattered, but also labelling obligations due to other statutory requirement.

Accordingly, not only the dry mass was to be taken into account, but also the volume of the ready-to-eat preparation or the mass of the liquid required for preparation according to s. 20 II FPackV. Based on these values, a basic price had to be indicated.

The article by Dr. Böckenholt is available in German in the printed edition of GRUR-Prax 8/2021 of 21.04.2021 on page 242 or for subscribers of Beck-Online under the reference GRUR 2021, 242.

“General Court confirms invalidity of EUTM on ground of bad faith due to prior contractual relationship” – Article by Dr. Florian Schwab in WTR Daily

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In his recent article “General Court confirms invalidity of EUTM on ground of bad faith due to prior contractual relationship” on the online portal of the trade journal World Trademark Review, WTR Daily, BOEHMERT & BOEHMERT attorney Dr. Florian Schwab discusses a decision of the General Court of the European Union in case T-853/19 of 17 March 2021, Reza Hossein Khan Tehrani v. European Union Intellectual Property Office (EUIPO).

The General Court upheld the judgment of the Board of Appeal of the EUIPO on the cancellation of the EU trade mark registration EARNEST SEWN on the grounds of bad faith. This judgment contributes to this legal concept, which is difficult to categorise and which is often decided on a case by case basis by the EU Courts. It discusses the relevance of prior contractual relationships between the trade mark proprietor and the cancellation applicant for the assessment of bad faith filing.

Registered users of WTR Daily can access the full article in English online here!

“Modernising Patent Law – Blessing or Curse for Patent Holders?” – Article by Dr. Ute Kilger in European Biotechnology

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The wonder weapon of every patent holder was injunctive relief. Even large companies were willing to take a seat at the negotiating table when threatened with an injunction against their allegedly patent-infringing products by small patent holders. 

Now the new German Patent Act will contain a clause in § 139 that allows exceptions from automatic injunctive relief in a few individual cases, e.g. if the consequences for the infringer would be unreasonably severe. 

BOEHMERT & BOEHMERT partner and patent attorney Dr. Ute Kilger discusses this amendment and its impact on legal certainty and willingness to invest in innovations in her article “Modernisation of patent law – boon or bane for patentees?” published in the Spring 2021 issue of the trade journal “European Technology”, Volume 20. 

The full article is available online here.

“(K)eine Frage des Alters – Patentverletzung infolge betriebsgemäßer Abnutzung” – contribution by Nils T. F. Schmid in Festschrift for Sabine Rojahn

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“Internationale Durchsetzung von Schutzrechten” (International Enforcement of Intellectual Property Rights) is the title of the jubilee publication with contributions by Germany’s most renown judges, lawyers and attorneys published by C.H.Beck Verlag in 2021 on the occasion of the 70th birthday of Germany’s “grande dame of patent law” Dr. Sabine Rojahn. Among the contributors is also BOEHMERT & BOEHMERT patent attorney Nils T.F. Schmid.

In his contribution entitled “(K)eine Frage des Alters – Patentverletzung infolge betriebsgemäßer Abnutzung” (A question of age? – patent infringement due to wear and tear), Nils T.F. Schmid discusses two patent litigation cases which provide particular insight into the influence of wear and tear on the interpretation and definition of technical property rights. He specifically analyses the current state of case law with regard to legal questions of infringement (§§ 9, 10 German Patent Act), novelty (§ 3 German Patent Act) and inventive step (§ 4 German Patent Act), points out implications for the definition of scopes of protection and derives possible conclusions for the future.

In his conclusion, Nils T.F. Schmid emphasizes the necessity of including wear and tear effects of products and devices in the formulation and interpretation of patent claims – not only for the assessment of infringement, but also within the application process, especially the definition of the scope of protection. A catalogue of criteria for the examination for calculable wear and tear tries to increase legal certainty for registered and examined intellectual property in respective technical fields.

“Internationale Durchsetzung von Schutzrechten” can be ordered at C.H.Beck Verlag under ISBN 938 3 406 75240 7.