“Research Handbook on Intellectual Property Licensing” published with article by Prof. Dr. H. Goddar.

/in

Edward Elgar Publishing has now published the “Research Handbook on Intellectual Property Licensing”, which was edited by Jacques de Werra from the University of Geneva. BOEHMERT & BOEHMERT partner Prof. Dr. Heinz Goddar has written an article on the topic “Technology licensing between academic institutions and private companies”. The publication offers approximately 520 pages of information, research tools and international best practice examples on various types of licence agreements. The handbook is aimed at all kinds of IP specialists, patent agents and attorneys dealing with licensing of intellectual property rights. ISBN 978 1 84980 440 0, Edward Elgar Publishing Ltd., 2013. It can be ordered here for example.

12th edition of Beck’s Procedural Form Book with contribution from Dr C. Götz

/in

The 12th revised and extended edition of the Beck Procedural Form Book (Beck´schen Prozessformularbuch) is now available. BOEHMERT & BOEHMERT partner Dr Catharina Götz has completely revised the chapter on the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb (UWG)). The reference work provides practical information on all types of procedure – civil proceedings, arbitration, international civil procedure, enforcement, insolvency, employment tribunal and administrative procedure – on over 2,500 pages. The new edition takes account of all legal reforms since autumn 2009. The work is aimed primarily at judges, lawyers, notaries, auditors, tax consultants and judicial officers. The 12th revised and extended edition 2013 is available as book with CD-ROM, ISBN 978-3-406-62937-2. Beck Shop.

Dr. Schwab in World Trademark Report Daily on determination of similarity of goods.

/in

In the online magazine World Trademark Review Daily from 03.12.2012, BOEHMERT & BOEHMERT partner and trademark law expert Dr Florian Schwab reports on the recent decision of the European Court of Justice in the case ATLAS ./. OHIM from 21 November 2012. The case focused primarily on the criteria for determining the similarity of goods. Those subscribing to WTR Daily can access the entire article here.

New edition of the Münchener Anwaltshandbuchs Gewerblicher Rechtsschutz with BOEHMERT & BOEHMERT – authors.

/in

In the revised and extended 4th edition 2012, published at the end of September 2012, of the reference work “Münchener Anwaltshandbuch Gewerblicher Rechtschutz”, BOEHMERT & BOEHMERT partner Dr Rudolf T. Böchenholt has provided a revised version of his chapter “Camouflage of Advertising Measures”. The new edition brings the work up to date and takes account of the implementation of the EU Directive 2010/13/EU on audio-visual media services. This is especially relevant for Product Placement. Both case law and the literature have been updated to July 2012. The work is part of the Münchener Anwaltshandbücher range and can be accessed at.

Speech on “Collective Licensing” by Dr M Schaefer in “Intellectual Property Journal”.

/in

The IP Osgoode Hall law School – York University, Canada, held a conference entitled “European Perspective on Copyright Law in the Information Era” in October 2011. The issue under discussion was: “Can Canada learn anything from Europe?”. BOEHMERT & BOEHMERT partner Dr Martin Schaefer was invited to speak on the subject of “Collective Licensing”. This speech has now been included in the “Intellectual Property Journal” published by Carlswell Verlag and can be ordered online from the publisher: „Collective Licensing: Promises and Pitfalls“, in: Intellectual Property Journal, Toronto 2012, S. 133-142. Publisher: Giuseppina D’Agostino and David Vaver. ISBN: 0824-7064.

“EPC Guide for Practitioners” in 4., extended edition published in Japanese.

/in

The renowned “EPC Handbook – Guide for Practitioners” has just been published in the 4th edition in Japanese (ISBN 978-4-905443-05-6). This edition too was compiled by BOEHMERT & BOEHMERT partners Prof Heinz Goddar and Christian W. Appelt and translated by the Japanese authors Motohiko Fujimura, S. Nagaoka and Key Konishi. The book can be purchased in Japanese bookshops for JPN 2,940.

Manual “Art Law” in revised 2nd edition

/in

The completely revised 2nd edition of the “Art Law Manual” has just been published by C.H. Beck. The two BOEHMERT & BOEHMERT partners Prof Wilhelm Nordemann and Dr Andreas Dustmann are responsible for the “Copyright” section and have updated and expanded this section. The Manual on Art Law aims to cover all legal questions relating to art: from creation, economic exploitation all the way to tax and customs law. The manual includes comprehensive information on looted art, art insurance law, theft/forgeries, exhibition law, artists’ social insurance law and copyright. The team of publishers and authors include renowned art law experts. Ebling/Schulze (Publisher.), ISBN 978 3 406 62699 9. Verlag C. H. Beck, 2012.

Dr. Schwab analyses ECJ judgement in the Lindt chocolate bunny case in the LebensmittelZeitung.

/in

On 1 June 2012, BOEHMERT & BOEHMERT partner and trademark expert Dr Florian Schwab makes a guest contribution to the magazine LebensmittelZeitung entitled “Only one of many” (Nur einer unter anderen). Here, he looks at the decision of the European Court of Justice (ECJ) in relation to the EU-wide trademark protection for the Lindt chocolate bunny. Registration of the golden bunny with the red ribbon as 3D community mark was rejected by the Court as not capable of registration. Dr Florian Schwab comments: “The judgement shows, generally it is difficult for a product shape as such to find original trademark protection at EU level. The bunny shape cannot claim trademark protection. The judgement of the ECJ is also significant for its restrictive tendency in respect of the community trademark.” Those subscribing to LebensmittelZeitung can see the entire article here.

Dr. Schwab in WTR Daily on Beatle vs. Beatles decision of the ECJ.

/in

In the online magazine World Trademark Review Daily from 19.04.2012, BOEHMERT & BOEHMERT partner and brand law expert Dr Florian Schwab reports on the recent decision of the European Court of Justice (General Court) in the BEATLE / BEATLES case. In the decision, the Court – different to the Opposition Division – upheld the opposition to various BEATLES brands in connection with the famous British pop group raised against a picture mark BEATLE used mainly for wheelchairs. The Court upheld exploitation of the known BEATLES brand. In so doing, the Court drew protection of reputation very widely so that goods which are not prima facie similar are also included. Those subscribing to WTR Daily can see the entire article here.

GRUR-Prax, with comment from Dr R. Böckenholt on the “akustilon” case.

/in

In the 04/2012 edition of GRUR-Prax from 17th February, BOEHMERT & BOEHMERT partner and attorney Dr Rudolf Böckenholt has provided a comment on the decision made by the Federal Court of Justice on 17th August 2011 regarding the “akustilon” case. This high-court decision states that in trade mark cancellation proceedings at the German Patent and Trade Mark Office, it is not a deciding factor whether or not the registered owner is actually also the owner of the trade mark, or whether this still even exists. This is to be assumed in the official procedure, and examined only in any potential action for trade mark cancellation before the ordinary courts (state courts). This question has previously not had a uniform answer in the case law or the literature of industrial property law. The first civil senate of the Federal Court of Justice responsible for trade mark law now draws on general procedural case law. Since 2009, Dr Böckenholt has been a regular contributor to GRUR-Prax. The article can be viewed by subscribers at.