Handbuch Wirtschaftsstrafrecht (Handbook of Commercial Criminal Law – HWSt) with contributions from BOEHMERT & BOEHMERT partners.

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The revised and expanded third edition of the renowned “Handbuch Wirtschaftsstrafrecht“ or Handbook of Commercial Criminal Law – HWSt) edited by Prof. Dr. Hans Achenbach and Prof. Dr. Andreas Ransiek is now available through C.F. Müller Publishers, Heidelberg. The chapters on copyright law and patent law are written in full by lawyers from BOEHMERT & BOEHMERT. The chapter on copyright criminal law was written by Prof. Dr. Axel Nordemann. Malte Nentwig substantially revised the chapter covering “Patent and Utility Model Law”. Dr. Florian Schwab is responsible for the chapter “Countering Product Piracy”. All authors were involved in the production of the previous editions of the handbook. The handbook offers a compact representation of the most important areas of commercial criminal law in 1762 pages and focuses on the explanation of aspects relevant to practice. Handbuch Wirtschaftsstrafrecht (Handbook of Commercial Criminal Law). Series: Recht in der Praxis (Law in Practice). C. F. Müller, Heidelberg, 2012. ISBN 978-3-8114-3721-0.

Dr Florian Schwab comments in WTR Daily.

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Writing in the online edition of the World Trademark Review Daily on 2 December 2011, BOEHMERT & BOEHMERT partner and trademark expert Dr Florian Schwab has commented on the decision by the European Court of Justice in the Buffalo Milke Automotive Polishing Products Inc. vs. Office for Harmonization in the Internal Market (OHIM) case. The decision deals with the question of right-preserving usage, a matter very relevant in practice and as yet treated with some irregularity in the case law of the European courts. Here, the case deals with requirements placed on usage documents submitted on appeal.

“CHROMA” – Dr. F. Schwab in World Trademark Review Daily.

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The online edition of the World Trademark Review Daily of 21.01.2011 includes an article by BOEHMERT & BOEHMERT partner Dr. Florian Schwab. The short contribution entitled “Transliteration of Greek word for ‘colour’ held to be descriptive” deals with the ruling handed down by a court of first instance of the European Communities on 16th December 2010, in which the transliteration of ‘chroma’ was rejected as a marker for sanitary fittings on the grounds that it was purely descriptive. Dr. Schwab is a long-standing and regular contributor on.

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.