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.