Fabio Adinolfi in WTR Daily on an CJEU decision on the jurisdiction of EU trade­mark courts for counterclaims

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In his article “CJEU: EU trademark courts keep jurisdiction for counterclaims even if main action has been withdrawn” on the online portal of the trade journal World Trademark Review, WTR Daily, BOEHMERT & BOEHMERT attorney at law Fabio Adinolfi discusses a decision of the Court of Justice of the European Union (CJEU) in case C-256/21 of October 13, 2022, KP v. TV.

In it, the court clarifies that an EU trademark court still has jurisdiction to rule on the validity of a trademark in the context of a counterclaim even if the infringement action has been withdrawn.

The decision was issued in the context of a reference for a preliminary ruling from the Higher Regional Court of Munich and will avoid unnecessary proceedings with the risk of contradictory decisions in the future.

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

JUVE Patent Germany 2022 again recommends BOEHMERT & BOEHMERT in three categories

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The firm has a strongly positioned litigation team as well as an extremely busy prosecution practice, judges the JUVE Patent jury and recommends BOEHMERT & BOEHMERT again for the categories “Patent Filing”, “Litigation: Patent Attorneys” and “Litigation: Lawyers”.

Well-known corporations rely on the expertise of the IP law firm

While the team of patent attorneys and attorneys-at-law primarily represents SMEs in infringement cases involving mechanics and life sciences patents, numerous well-known IT corporations are among the firm’s clients, some of whom have been with the firm for many years, according to JUVE Patent. Large Asian companies as well as universities and companies from the pharmaceutical and biotech industries count on the expert knowledge of the IP law firm’s attorneys.
In the field of life sciences and medical technology, there has also been an increase in the number of consultations in infringement proceedings. BOEHMERT UND BOEHMERT thus underlines its high level of expertise in this field.

Strengths in technology, natural sciences and biotechnology

The jury sees particular strengths of the firm in litigation for SMEs in mechanical engineering, medical devices, electronics and pharmaceuticals, as well as in patent prosecution with recognized technical specialties in electronics, chemicals, pharmaceuticals and biotech.

With a mixed team in Munich and an office in Paris under new responsibility, JUVE Patent sees BOEHMERT & BOEHMERT well positioned for the unitary patent system coming into force at the beginning of 2023.

The jury gives a special recommendation to the patent attorneys  Prof. Dr. Heinz Goddar, Dr. Jan B. Krauß, Christian W. Appelt, Dr. Thomas L. Bittner and Dr. Markus Engelhard.

About JUVE Patent

Since 2018, the online magazine JUVE Patent has reported daily on the European patent market, from litigation and law firm news to in-depth reports, rankings and market analysis. The JUVE publishing house, based in Cologne, Germany, says it has been providing high-quality journalistic analysis on a variety of industries within the legal and tax fields for twenty years.

Dr. Rudolf Böckenholt on disguised advertising and surreptitious advertising in the current edition of the Münchener Anwaltshandbuch Gewerblicher Rechtsschutz

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In the now 6th edition, BOEHMERT & BOEHMERT partner and attorney Dr. Rudolf Böckenholt discusses in his article “Tarnung des kommerziellen Zwecks geschäftlicher Handlungen” (Camouflaging the commercial purpose of business acts) the fundamentals and characteristics of the prohibition of camouflaged advertising and surreptitious advertising in the Münchener Anwaltshandbuch Gewerblicher Rechtsschutz.

The prohibition of camouflaging the commercial purpose of business acts is dealt with in terms of constitutional law, competition law as well as press and media law, in particular with regard to advertising in editorial form and statements by supposedly neutral third parties in scientific publications, product tests and rankings. Particular emphasis is placed on the evaluation of influencer marketing.

Dr. Böckenholt’s article can be found in the printed edition of the Münchener Anwaltshandbuch Gewerblicher Rechtsschutz under §21 on pages 697-724.

Felix Hermann in „The Patent Lawyer” on the EPO’s new guidelines for examination at the EPO and their implications on the examination procedure for patent applicants

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In 2018, the European Patent Office (EPO) began revising section F.IV.4 of the EPO Guidelines for Examination related to clarity and interpretation of claims. The focus of the amendments was on the adaption of the description of patent applications to the (amended and allowable) claims required for the grant of European patent applications. These new guidelines, and their imposed legal risks and increase on the work and costs for applicants have led to an ongoing debate between the EPO and the user community.

In the September/October 2022 issue of “The Patent Lawyer”, BOEHMERT & BOEHMERT partner and patent attorney Felix Hermann provides a comprehensive insight into the discussion as well as the legal issues involved. In addition, he highlights the impact of the revised EPO Guidelines for Examination 2022 on the EPO’s examination of European patent applications.

The article by Felix Hermann is available here on page 11 of the download PDF.

BOEHMERT & BOEHMERT further expands presence in Paris.  

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Paris, 18.10.2022 –In the course of the upcoming implementation of the Unified Patent Court (UPC), the law firm BOEHMERT & BOEHMERT is expanding its presence in the French capital. In addition, two partners of the firm, Dr. Michael Hartig and Dr. Michael Rüberg, have been heading the Paris office since the beginning of October.

The Paris office has been an integral part of BOEHMERT & BOEHMERT’s structure for many years. In particular, clients based in France have been advised there efficiently and closely with a view to the German market. The strengthening of the firm’s legal team will now take place with a view to the Unified Patent Court (UPC) and its Paris-based central chamber, which is expected to commence its work in spring 2023. With Paris, Munich and Dusseldorf, BOEHMERT & BOHMERT is thus represented at all relevant locations of the new court.

Attorney at law Dr. Michael Rüberg, who also works in the law firm’s offices in Munich and Dusseldorf, emphasizes that beyond the UPC, no legal advice for the French market is envisaged in Paris in the future. “For this purpose, we have been working for decades on a basis of trust with various renowned law firms in France and will continue to do so,” says Rüberg. Patent attorney Dr. Michael Hartig, who also continues to work in Munich, also sees the expansion of the French presence as a logical continuation of the previous concept: “With the proven team of patent attorneys and attorneys at law, we serve clients locally from a single source. In order to continue to guarantee this at a high level, an expansion of personnel is strategically planned for the future.”

About BOEHMERT & BOEHMERT

With around 90 specialised patent attorneys and attorneys at law, including 24 patent partners and 14 attorney partners, BOEHMERT & BOEHMERT is one of the largest intellectual property law firms in Europe. The firm has offices in the cities of Munich, Bremen, Berlin, Dusseldorf, Frankfurt and Bielefeld, as well as in the three international locations Alicante, Paris and Shanghai. The wide variety of legal fields and topics guarantees success-oriented advice to clients across the firm’s offices.

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Dr. Michael Hartig, Patentanwalt BOEHMERT & BOEHMERT
Dr. Michael Hartig, Patentanwalt BOEHMERT & BOEHMERT
Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT
Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

The roadmap for the implementation of the Unified Patent Court (UPC) is ready

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The UPC Preparatory Team has now published the roadmap for the implementation of the Unified Patent Court, showing all important steps until the UPC Agreement enters into force in April 2023. At the same time, the team points out that the plan may still be subject to changes, but these will be communicated promptly.

According to the current plan, the 3-month sunrise period will begin on January 1. Following this, the new UPC will start work in April 2023.

For more detailed information, please see the article Unitary Patent System Roadmap by Dr. Hanno Flentje on our UPC page. We will be happy to assist you with any questions you may have!

Frankfurt office under new address

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Relocation to Feldbergstraße 35

Due to the pleasing growth of our office in Frankfurt, we have moved to new premises. In the future, you can reach us at Feldbergstraße 35. As usual, you can reach us by public transport via the subway station Westend. Parking spaces are available for those arriving by car.

The new office in the Main metropolis will not only offer us more space in the future, it will also for even more digitized and cross-location work thanks to the use of state-of-the-art digital technologies. The central location in the heart of Germany also ensures short distances to the regions of Hesse, Rhineland-Palatinate, Baden-Württemberg, northern Bavaria and Thuringia.

At the BOEHMERT & BOEHMERT office in Frankfurt, interested parties and clients can expect competent support across the entire spectrum of intellectual property law. A particular focus of the resident team is on patent prosecution and litigation, employee invention law, design law, trademark, contract and licensing law. The interdisciplinary expert teams of the law firm are broadly positioned in this regard and offer in-depth industry knowledge in chemistry, physics, software industry, medical technology, semiconductor technology and mechanical engineering.

You can find more information about the new location and all contact details here.

Dr. Florian Schwab discusses European Court ruling on long-running GUGLER case in WTR Daily

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In the online portal of the trade journal World Trademark Review, Boehmert & Boehmert partner and attorney Dr. Florian Schwab reports on the dismissal of Gugler France’s action against the European Union Intellectual Property Office (EUIPO) for cancellation of the GUGLER trademark due to bad faith filing before the General Court (GC).
The judgment of July 13, 2022, puts a (temporary) end to the long-standing legal dispute between the parties Gugler France and Gugler GmbH.

Dr. Florian Schwab concludes that in the decision (Case T-147/21), the court applied the dazzling concept of bad faith in the application for an EU trademark in the context of former business partners and quite appropriately denied its existence based on the specific circumstances.

Read the entire article. This article previously appeared on WTR Daily (part of World Trademark Review) on August 10, 2022. For more information, please visit: www.worldtrademarkreview.com.