WTR – “Anti-Counterfeiting Guide 2017” with contribution from three BOEHMERT & BOEHMERT trade mark lawyers.

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The internationally renowned specialist magazine World Trademark Review has published its “Anti-Counterfeiting Guide 2017”, which is compiled in collaboration with the World Customs Organisation and INTERPOL. This year too, BOEHMERT & BOEHMERT trademark law experts Dr Rudolf T. Böckenholt, Dr Volker Schmitz-Fohrmann and Dr Florian Schwab contributed an article, this year entitled “Border seizure measures in the European Union”  and included in the May 2017 edition of the guide. The article looks at problems in the fight against product piracy and border seizure measures in the European Union. The article can be viewed here as pdf: (Note: “This article first appeared in Anti-counterfeiting: A Global Guide 2017, a supplement to WTR, published by Globe Business Media Group – IP Division. To view the guide in full, please go to“: WorldTrademarkReview)

Dr U Kilger with IP comment in specialist magazine “transkript” (4/2017)

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In the magazine “transkript” (4/2017 page 18), BOEHMERT & BOEHMERT patent lawyer Dr. Ute Kilger contributes the article “Risk of self-collisions banished”. In the article, she comments on the decision of the Grand Chamber of the European Patent Office (EPA) on the problem of possible but fatal self-collisions in the case of a registration with a partial or priority registration. In particular, non-European registering parties have often been surprised by this rule where the subsequent registration contained more objects than the original registration. Dr Ute Kilger says here: “Initial experience has thankfully shown that previous registrations doomed to be rejected now have a good chance of being accepted before the EPA.” Dr Kilger regularly comments for transkript. The magazine can be subscribed or downloaded hereundefined.

Dr Florian Schwab in WTR Daily on the Edison SpA vs. European Union Intellectual Property Office (EUIPO) case.

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In the online portal of the specialist magazine World Trademark Review from 31 March 2017, BOEHMERT & BOEHMERT lawyer and trademark law expert Dr Florian Schwab published the article “General Court: no likelihood of confusion between figurative ‘e’ marks for certain energy-related goods and services” The article explains the recently published decision of the European Court of Justice from 14 March 2017 (T-276/15 – Edison SpA v. EUIPO) in a case involving two letter marks. The case centred on the often difficult to determine protective scope of a mark which was comprised of a single letter “e” with basic graphical elements compared to an older mark, also comprised of a single letter “e”. In each case the marks were registered for various goods and services in the field of wind energy.

Dr F. Schwab has for many years made regular contributions to WTR Daily. Those subscribing to the WTR Daily can see the entire article here.

Conference transcript of ALAI with contribution from Dr M Schaefer.

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In June 2015, the Association Littéraire et Artistique Internationale (ALAI) held an international conference in Bonn on “Remuneration for the use of works: Exclusivity vs. other approaches”. Walter de Gruyter Verlag has now published the conference transcript, which contains contributions to the two conference days on 18.06. and 19.06.2015 and which illustrates issues from an international perspective. Here, Dr Martin Schafer publishes his contribution on “Possible roles for CMOs in new business models” in which he sets out and analyses various functions of collection companies in novel business models. Dr Martin Schaefer is a Member of the Board of ALAI Germany; the rights of collection companies and collection agencies are among his special fields of interest.

Conference transcript “Remuneration for the use of works”. Silke von Lewinski (publisher). Walter de Gruyter GmbH & Co KG, 2016. 475 pages (print edition). ISBN 978-3110450019.

Article by Dr. M. Schaefer published in “Musik & Ästhetik” (01/2017).

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BOEHMERT & BOEHMERT partner Dr. Martin Schaefer’s article “Who has a share in the exploitation of music on the internet? Copyright as an expression of ‘attribution of gain’” has been published in the journal “Musik & Ästhetik” (issue 81, January 2017, pages 100 et seq.). In his article, Dr. Schaefer uses the EU’s current draft directive on copyright in the digital single market as an opportunity to discuss the fact that platforms such as YouTube are used at two levels: “at user level by uploading and at platform level by marketing of the aggregated contents. There is still some work to do before the EU draft directive makes good on the promise of its heading for Article 13 ‘Certain uses of protected content by online services’”, writes Schaefer.

The technical journal “Musik & Ästhetik” is published by the Klett Cotta Verlag and examines the ranges of topics that make up “music” from technical, artistic, philosophical, cultural and political viewpoints. This issue and individual articles can be obtained from here.

“Brexit” article by Dr Böckenholt and Dr Rüberg in “Medien und Recht International”.

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The two BOEHMERT & BOEHMERT partners Dr Rudolf Böckenholt and Dr Michael Rüberg have contributed an article to the newspaper “Medien und Recht International” (MR-Int, 3/2016, p. 95) entitled “Brexit and the consequences in IP”. The two specialist layers for industrial property protection focus on “Brexit”, the result of the referendum held in the United Kingdom to leave the European Union and the anticipated consequences in the field of IP Law. To this end, they highligh initial developments and recommend strategic approaches to secure IP rights. They also explain the possible consequences for patents/SPCs, possible consequences for trade market, designs and other rights. “Of course, irrespective of the type of IP right affected, rightholders cannot accept gaps in protection and cannot wait to see how things develop for an indefinite period. Even if Brexit doesn’t mean effective departure, rightholders should now check their options and take advice on how to proceed,” is the recommendation of the two authors. The entire edition of MR Int can be ordered here.

Dr Florian Schwab in WTR Daily on the question of the risk of confusion for one-letter brands.

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The online portal of the specialist magazine World Trademark Review from 21.11.2016 contained an article by BOEHMERT & BOEHMERT partner and trade mark law expert Dr Florian Schwab entitled “General Court finds likelihood of confusion in P signs“ on the recently published decision of the European Court of Justice from 11 October 2016 (T-350/15) on the question of the risk of confusion for one-letter brands. In the concrete case at hand, the Court looked at the likelihood of confusion between brands which differed only in the graphic style of the letter P for identically protected clothing. The decision strengthens the position of proprietors of one-letter brands. Dr F. Schwab has for many years made regular contributions to WTR Daily.

Manual on “European Qualifying Examination” by Dr D. Herrmann to be published by Beck Verlag.

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BOEHMERT & BOEHMERT patent lawyer Dr. Daniel Herrmann has authored the manual “Goal-oriented Methods to Pass the European Qualifying Examination (EQE)” which will soon be published by Beck Verlag. The bilingual work is geared to those taking the European Qualifying Examination and includes both targeted approaches as well as patent law foundations for parts A, B, C and D of the EQE. The author places special emphasis on useful and well-structured methodological support and preparation for the examination. The manual offers step-for-step approaches, time specifications per work step, details on scoring, examination schemes for questions on patent law. formulation suggestions and entire text passages, tables as work aids and many other practical tips for the examination. The methodology takes account of amendments to the EQE 2017. Patent law foundations are also explained. References are also given to relevant statutes, case law and examination guidelines. The author is a Patent Lawyer and European Patent and Trademark Attorney at the Munich office of BOEHMERT & BOEHMERT. The manual will be published by Beck Verlag and has around 300 pages. C.H.BECK ISBN 978-3-406-70789-6. Pre-orders can be submitted immediately, the release is beginning of 2017.