“The new european patent landscape: what companies should know” – article by Dr. Rüberg, Dr. Kretschmann and Dr. Hofmann in The Patent Lawyer

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Dr. Michael Rüberg, Dr. Dennis Kretschmann and Dr. Matthias Hofmann explain in The Patent Lawyer Magazine, Sept/Oct 2023 issue, the successful launch of the European Unified Patent Court and strategic considerations for enforcing patents across the continent.

After more than 50 years of preparation, the European Unified Patent System will enter into force on June 1, 2023. The project of the century includes a new “European patent with unitary effect” (UP) and a “Unified Patent Court” (UPC), which will decide on the above-mentioned unitary patents as well as on all conventional European patents.

But what are the advantages of this European unitary patent system? Does it apply only to newly granted patents or also to existing bundle patents? What is the opt-out option?
BOEHMERT & BOEHMERT partners Dr. Michael Rüberg (attorney-at-law), Dr. Dennis Kretschmann and Dr. Matthias Hofmann (both patent attorneys) answer these and other questions in their article “The new European patent landscape: what companies should know” in the September/October issue of “The Patent Lawyer”.

In addition, the authors raise detailed strategic considerations as to whether and under what circumstances owners of traditional bundled packages should enforce questionable IP rights before the UPC or whether they would not be better advised to give preference to national proceedings.

Finally, Dr. Rüberg, Dr. Kretschmann and Dr. Hofmann give detailed tips for which patent applicants the unitary patent is worthwhile and for which not and discuss the interesting strategy of parallel filing in Germany and Europe.

Read the complete article in the attached PDF for download!

Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT
Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT
Dr. Dennis Kretschmann, Patentanwalt bei BOEHMERT & BOEHMERT
Dr. Dennis Kretschmann, Patentanwalt bei BOEHMERT & BOEHMERT

BOEHMERT & BOEHMERT is a new partner of the Startup-Ökosystem Darmstadt

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BOEHMERT & BOEHMERT partner and patent attorney Dr. Daniel Herrmann receives the good news from Prof. Dr. Klaus-Michael Ahrend.

Darmstadt, with its university and its technical university as well as numerous initiatives by the city and state of Hesse, is a very interesting location for start-ups. Measured by the number of inhabitants, the university city leads the ranking of Hessian start-up cities and ranks fourth nationwide.

BOEHMERT & BOEHMERT has been supporting the start-up scene in the Rhine-Main region, particularly in Darmstadt, for some time now, especially in the person of Dr. Daniel Herrmann (Frankfurt office), and offers separate advice as well as free seminars and lectures specifically for founders.

As part of his most recent impulse lecture at the HUB31 Technology and Start-up Centre Darmstadt on 21.09.2023, Dr. Herrmann was now informed by Prof. Dr. Klaus-Michael Ahrend of the appointment of the law firm as an official partner of the “Start-up Ökosystem Darmstadt” (Start-up Ecosystem Darmstadt) in recognition of BOEHMERT & BOEHMERT’s commitment to local start-ups.
Prof. Dr. Ahrend is a member of the board of HEAG Holding AG (investment management of the Science City of Darmstadt), managing director of the Technology and Start-up Centre HUB31 as well as a lecturer and honorary professor at Darmstadt University of Applied Sciences.

You can find out more about the Technology and Start-up Centre on the HUB31 website.

From left to right:
Dr. Daniel Herrmann (BOEHMERT & BOEHMERT Frankfurt) and Prof. Dr. Klaus-Michael Ahrend (HEAG Holding AG) with poster of the Startup-Ökosystem Darmstadt

Jan Göring on the importance of IP protection in the electromobility sector, ATZ – Automobiltechnische Zeitschrift 09/2023

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For a long time, Germany was far ahead of the international competition when it came to patent applications for combustion engines and the like. However, when it comes to patent applications in the environment of booming electromobility, China has taken the leading role and has long since ceased to be just a low-cost producer, but is now a recognized leader in technology and innovation.

In his article in the Automobiltechnische Zeitschrift ATZ 09/2023, Jan Goering, patent attorney at BOEHMERT & BOEHMERT, analyzes how China has been able to position itself as a leader in patent applications and gives recommendations to German companies on how inventiveness can be promoted and intellectual property secured through targeted IP management.

Not only since the Unified Patent Court came into force on June 1, 2023, and the first lawsuits for alleged patent infringements in the field of electromobility have become clear: German companies should prioritize the protection of their intellectual property at an early stage.

Read more about this in the print edition of ATZ – Automobiltechnische Zeitschrift 09/23 or online auf der Website der ATZ. The complete article in German language by Jan Goering is also available for download here as a pdf.

 

International copyright conference on the differences in collective and individual licen­sing in Europe and North America with Dr. Martin Schaefer on Oct. 15-16, 2023 in Berlin.

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Two days, each from 9:30 a.m. to 1:00 p.m., at the Tieranatomisches Theater and festive receptions on two evenings in Berlin-Mitte Unter den Linden.

“What Every Practitioner Needs to Know About the Differences in Collective and Individual Licensing between the EU and in North America” is the title of the conference hosted by Humboldt Universität zu Berlin in cooperation with ALAI Deutschland e. V. and with the participation of the U.S. Copyright Society on October 15 and 16, 2023 in Berlin.

The venue for the event is the Tieranatomisches Theater (Veterinary School’s Anatomical Theatre) at Philippstraße 13, 10115 Berlin.
On the evening before the conference, October 14, a welcome event will be held from 6:00 p.m. to 8:00 p.m. at the Bertelsmann offices, Unter den Linden 1, 10117 Berlin-Mitte. On October 15, participants will be able to attend another reception at the Akademie der Künste, Pariser Platz 4, 10117 Berlin-Mitte, from 6:00 to 8:00 pm.

The speaker lineup at the international conference is high-level. On the first day Ms. Shira Perlmutter, Register of Copyrights and Director, U.S. Copyright Office, will give an opening keynote address.
Dr. Christian Wichard, Deputy Director General, Commercial and Economic Law at the German Federal Ministry of Justice, will respond with a keynote on the second day.
BOEHMERT & BOEHMERT partner and attorney at law Dr. Martin Schaefer, who played a major role in the conception of the event, will moderate the first session on October 15.

Further information on the conference in English as well as on the program can be found on the website of ALAI Germany or the Copyright Society website. Registration is mandatory. The number of participants is limited.

IP.CAMP 2023 on “Strategic IP Management for a Dynamic Future” with Christian W. Appelt

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September 28 – 30 in Çeşme/İzmir, Turkey

At this year’s IP.CAMP 2023, organized by the Licensing Executives Society Turkey and dedicated to the topic “Strategic IP Management for a Dynamic Future”, BOEHMERT & BOEHMERT will be represented by partner and patent attorney Christian W. Appelt as speaker on the topic “Unitary Patent and Unified Patent Court in Practice”. The event will explore innovative approaches, new technologies and trends that will shape the IP landscape in the future. During Christian W. Appelt’s contribution, participants will also have the opportunity to find out everything they need to know about the most frequently asked questions regarding the still rather young Unitary Patent as well as the Unified Patent Court (UPC).

IP.CAMP offers experienced experts and career starters a valuable learning and networking opportunity on the topic of intellectual property management and licensing, and has been organized annually by LES-Turkey since 2014. Christian W. Appelt has been involved with LES for many years, is Past-President and current member of the Advisory Board of LES-Germany.

As this exclusive event is limited to 40 participants, we recommend to register quickly via the IP.Camp website.

Dr. Julian Wernicke comments decision of the OLG Düsseldorf on the use of the sign “Ei, Ei, Ei, Ei, Ei” for egg liqueur as a trade mark in GRUR-RR

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In the issue 8-9/2023 of “GRUR-RR – Gewerblicher Rechtsschutz und Urheberrecht, Rechtsprechungs-Report”, BOEHMERT & BOEHMERT lawyer Dr. Julian Wernicke discusses the judgement of the OLG Düsseldorf of 27.04.2023 (case: 20 U 41/22) on the distinction between the use of a trade mark and the use of a purely descriptive sign.

Specifically, the question is whether the plaintiff’s trade mark “Eieiei” is infringed by the text “Ei, Ei, Ei, Ei, Ei” on packaging for egg liqueur. For this to be the case, the disputed sign would have to be used as a trade mark, i.e. the sign would have to contain an indication of the origin of the product. According to Dr. Julian Wernicke, the Düsseldorf Higher Regional Court was right to reject this and dismiss the action. The relevant public perceives the product presentation as a particularly catchy, keyword-like indication of ingredients (Ei is German for egg) or as an advertising campaign in the sense of a particularly strong expression of surprise (German expression: Ei, ei, ei).

You can read the complete judgement of the OLG Düsseldorf and the comment of Dr. Julian Wernicke in issue 8-9/2023 of GRUR-RR from page 349 or download the article as a registered user of Beck Online here.