Issue December 2016
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1 Dec 2016 | Patents and Utility Models
The Initiative “Early certainty from Examination” – possible collateral damages and what this means for the applicant
Early certainty from examination for patent applications is the aim of the European Patent Office’s initiative which bears the same name. In the future, there should only be 12 months between the appl...
1 Dec 2016 | Patents and Utility Models
The Patenting of Graphical User Interfaces
The Boards of Appeal of the European Patent Office (EPO) have recently commented several times on the question of the patenting of graphical user interfaces and have more narrowly defined the area in ...
1 Dec 2016 | Patents and Utility Models
Equivalent patent infringement if only one possible embodiment is addressed by the claims
In two of the latest decisions of the Federal Court of Justice of Germany, the earlier case law regarding claim construction has been discussed. In particular, the scope of protection by way of equiva...
1 Dec 2016 | Patents and Utility Models
First provisional compulsory license issued in Germany on a European patent for an AIDS medicament
The German Federal Patent Court has ordered for the first time a provisional compulsory license under Section 24 of the Patent Act, allowing Merck (US) to continue to market the HIV-drug raltegravir, ...
1 Dec 2016 | Anti-Trust
CJEU: The antitrust assessment of licence contracts for patents which have become invalid
In its decision of 7 July 2016 (case C-567/14 – Genentech / Sanofi-Aventis), the CJEU followed up on its antitrust Ottung case law (320/87, EU: C: 1998: 195, para. 11 et sqq.) and confirmed that licen...
1 Dec 2016 | Trademarks
Change of policy by the CJEU: Application for partial renewal of European Union trademark does not contain an implicit partial renunciation
With its decision of 22 June 2016, the CJEU, the highest European instance in trade mark matters, corrected the previously constant practice of partial renewals of European Union trade marks (EUTM) in...
1 Dec 2016 | Trademarks
CJEU: On the liability of operators of physical market places
In its decision of July 7, 2016 (file no. C-494/15), the CJEU continued its case law on online-market places (L´Oreal./.ebay, file no: C-324/09) and applied it to so-called offline-market places. The ...
1 Dec 2016 | Copyright
Interview in the journal Neue Juristische Wochenschrift (NJW) - Germany’s publishers take on Google
It seems they will not be friends, Germany’s publishers and Google. In February, they met before the Regional Court of Berlin. Market abuse is the accusation made by 41 publishers against the search e...
1 Dec 2016 | Copyright
What happens now after the German Federal Constitutional Court’s Metall-auf-Metall Decision?
Sampling technology has become an integral part of today’s music production. It is not unusual in recording studios for artists and producers to recall sounds from other artist’s productions which the...
1 Dec 2016 | Copyright
Reform of EU Copyright Law - Proposals by the European Commission for a digital single market
"Copyright is everywhere": In the digital knowledge and entertainment society of today, copyright law controls the distribution and use of content. Jean-Claude Juncker, President of the European Union...
Issue June 2016
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1 Jun 2016 | Unfair Competition
Uniform protection for trade secrets in the EU is in the offing
The upcoming EU directive on trade secrets will provide enhanced protection for trade secrets almost on a par with intellectual property rights. ...
1 Jun 2016 | Data Protection
Compulsory Information on Online-Dispute Resolution from EU-Directives and EU-Regulation
Online sellers have to cope with the introduction of dispute resolution procedures for consumer transactions. This applies on a national level and to cross-border trade in goods and services on a Euro...
1 Jun 2016 | Patents and Utility Models
Swiss-Type claims cannot be changed to Compound-For-Use claims
In a recent decision, the Technical Board of Appeal of the European Patent Office ruled that Swiss-type claims pertaining to the use of a known medicament in the treatment of a further disease cannot ...
1 Jun 2016 | Patents and Utility Models
No Supplementary Protection Certificates for Medical Devices
The German Federal Patent Court refused to grant a Supplementary Protection Certificate (SPC) for aminosilane-coated iron oxide nanoparticles which were authorized for the European market as a medical...
1 Jun 2016 | Patents and Utility Models
News on the Unitary Patent
In our Bulletin, we report regularly (most recently on the renewal fees in the December 2015 issue) on the route to a unitary European patent system. The recent progress comprises in particular the su...
1 Jun 2016 | Patents and Utility Models
No registration requirement for a license to use a EUTM
On February 4, 2016, the CJEU confirmed with its Judgment in Case C-163/15 that a licensee may bring proceedings alleging infringement of a European Union Trademark (EUTM) which is the subject of a li...