Dr Martin Schaefer in “50 years GVL”.

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In autumn 2009, a symposium was held at the Institute for the Protection of Industrial Property Rights and Copyright of the Humboldt University, Berlin, to mark the 50th anniversary of the Gesellschaft zur Verwertung von Leistungsschutzrechten (GVL), the collective body representing secondary exploitation rights of artists and manufacturers. The contributions made there have now been revised and updated in the publication “50 years of GVP – 50 years of collective assertion of copyright”, published by Tilo von Gerlach and Guide Evers. BOEHMERT & BOEHMERT partner Dr Martin Schaefer is represented in the publication with his contribution “Sound Recordings and the GVL”. The work is published by Gruyter Verlag and can be ordered from this link.
ISBN 978-3-11-024887-6.

Guide: “Copyright in the Information Society” – with contribution from Dr Martin Schaefer.

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BOEHMERT & BOEHMERT partner Dr Martin Schaefer contributes the chapter on Germany in the recently published manual “Copyright in the Information Society: A Guide to National Implementation of the European Directive“. The manual explains the current state of implementation of the Copyright Directive 2011/29/EC in the various member states of the European Union. The book, by Edgar Elgar Publishing, was published by Brigitte Lindner and Ted Shapiro. The Guide can be purchased online for USD 235 from the publisher. ISBN 978 1 84980 010 5, 2011, 648 pages.

Commemorative Publication “50 Years of the Federal Patent Court” with contribution from Dr Klaus Dieter Langfinger.

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The Federal Patent Court will celebrate its 50th anniversary this year. To mark the event, the publication “50 Years of the Federal Patent Court” will appear and will include articles on industrial property rights from around 70 authors on 1184 pages. BOEHMERT & BOEHMERT partner Dr Klaus Dieter Langfinger has contributed the article “Olazapon – A Paradigm Shift” (p 379). The publication is published by presiding judges at the Federal Patent Court Munich, Achim Bender, Klaus Schülke and Dr Volker Winterfeldt and can be ordered from Wolters Kluwer Publishers: ISBN 978-3-452-27526-4.

Dr Martin Schaefer explains the dispute GEMA vs. YouTube in “musikmarkt”.

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In edition 35/2011 of the specialist magazine “musikmarkt”, BOEHMERT & BOEHMERT partner Dr Martin Schaefer explains the background to the continued dispute between GEMA and YouTube and proposes a number of options for its resolution. Both parties have been unable to agree upon an appropriate payment model as yet. As a result, numerous well-known videoclips cannot by accessed on YouTube. The dispute concerns, inter alia, how to measure the value of music. “GEMA views YouTube as a download service and wants to apply the same tariffs as are applied to iTunes,” Dr M Schaefer explains. “YouTube, however, views itself as a broadcaster. This is a huge difference,” the music law expert goes on. That there is a possibility for agreement is seen from the contracts agreed by YouTube with record labels with or without GEMA sister companies. The full article “Much Ado About Nothing?” can be found at.

Dr. Stefan Schohe comments on the latest decision by the Federal Court of Justice on computer-implemented inventions.

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In the July/August issue of the IP Journal “Mitteilungen der deutschen Patentanwälte“, BOEHMERT & BOEHMERT expert Dr. Stefan Schohe comments on the latest decision by the Federal Court of Justice (Bundesgerichtshof) on statutory requirements for the patentability of computer-implemented inventions (decision X ZR 121/09 – Website Display (Webseitenanzeige)). He especially puts this decision in context to the most recent case law of the Federal Court of Justice and of the European Patent Office.

Dr Jan B. Krauss in “Journal of Patent and Trademark Office Society”

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Together with Prof Toshiko Takenaka (University of Washington, Seattle), BOEHMERT & BOEHMERT partner Dr Jan B. Krauss has contributed an article to the Journal of Patent and Trademark Office Society (JPTOS) (edition 02/2011 volume 93, issue 2) entitled “A Special Rule for Compound Protection for DNA-sequences – Impact of the ECJ “Monsanto” decision on Patent Practice”.

“Notices from German Patent Lawyers”: Dr Jan B. Kraus on the decisions G1/08 and G2/07.

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BOEHMERT & BOEHMERT partner Dr Jan Krauss contributed an article entitled “What are <essentially biological procedures>?” in the current edition 06/2011 of the specialist magazine “Mitteilungen Deutscher Patentanwälte” and comments on the decisions G1/08 and G2/07. These decisions centred on the clarification of the term “essentially biological procedures” used in the European Patent Convention, for example, to exclude procedures for the growing of plants from patentability.

Dr. Martin Schaefer discusses “Netzsperre” or Internet blocking in “musikmarkt” magazine.

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In volume 15/2011 of the music magazine “musikmarkt” BOEHMERT & BOEHMERT partner Dr. Martin Schaefer comments on a key problem for the music industry. Despite increasing legal online music sales, the overall problem is still not solved. In the case of unpermitted music offers which cannot be suppressed at the source, other methods must be employed to ensure they cannot be used, and this with the help of Internet access providers too. To what degree providers can be requested and obliged to help in such suppression is part of the discussion. It is technically feasible in several different ways. Within the scope of the debate about possibilities for cooperation by providers, the term “Netzsperre” or Internet blocking creates confusion with its continuing lack of precise definition. It can refer to the locking of individual user accounts through to blocking of entire domains. One thing is sure however according to Dr. Schaefer: “The political course set regarding the fundamental obligations of providers to participate in the prevention of legal infringements when they have ‘nothing to do with’ these infringements will be a decisive element in the further development of the content industries.

Dr F. Schwab in WTR Daily: “General Court Confirms Strict Approach to Time-Limits to Prove Genuine Use”.

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In the online edition of the World Trademark Review Daily (WTR Daily) from 29 March 2011, BOEHMERT & BOEHMERT partner Dr Florian Schwab discusses the decision in Efemy’s Holding GmbH v. OHIM, Case T-50/09 of the European Court of Justice (ECJ). Of interest to trade mark lawyers are the statements of the ECJ on the formal requirements for proof of genuine use in the opposition proceedings. The German company Efemy’s Holding GmbH responded to the objection of non-use, in keeping with the time limit, by stating that it would submit a fax consisting of 200 pages of usage documentation. The usage documentation was then received by the Office for Harmonisation after expiry of the time limit. Dr Schwab regularly comments in this newspaper.

Dr. Stefan Schohe – Comments on the Decision Amazon.com, Inc. vs. Attorney General of Canada et al. by the Canadian Court of Appeal

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The famous Amazon “One-click” application was subject matter of a decision of the Canadian Court of Appeal, which dealt in a fundamental manner with the issue of patenting business –related inventions. In the February issue of IP journal “Mitteilungen der deutschen Patentanwälte” (p. 78), BOEHMERT & BOEHMERT expert Dr. Stefan Schohe summarized the essentials of the court’s reasoning and put it in context with recent decisions in the USA (In re Bilski) and in Europe.

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