News & Knowledge

B&B Bulletin

Issue January 2024

Looking back: The first six months of the unitary patent system

The unitary patent system comprises, on the one hand, a new European patent with unitary effect (often referred to as the “unitary patent”, for short) in all 17 participating EU Member States (Austria, Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France,...

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Advertising with Green Claims

Few issues have been as ubiquitous in recent years as climate change. The crisis is in the news every day. No wonder, then, that the climate is also making waves in competition law: greenwashing – as the demand for environmental...

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Privacy Shield 2.0: Rushing data flow between the EU and the US?

On July 10, 2023, the European Commission’s adequacy decision for secure and trustworthy data traffic between the EU and the U.S. (“EU-US data protection framework”) was adopted. After years of legal uncertainty, this provides a secure basis for the transfer...

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Issue December 2022

Extension of TRIPS waiver to Covid-19 therapeutics and diagnostics.

The Ministerial Conference of the World Trade Organization (WTO) decided in June that all “developing countries” can waive the protection of intellectual property necessary for the production and distribution of Covid 19 vaccines, including all processes, technologies and ingredients required...

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ECJ on Interim Measures in Germany – Reactions in Case Law and Literature

After the Munich District Court asked for clarification, the European Court of Justice (ECJ) has commented on German court practice regarding preliminary injunctions in patent infringement cases where the validity of the patent in question has not already been confirmed...

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New consumer protection law for digital goods

With the Digital Content Directive (Directive (EU) 2019/770), the EU is further expanding the European digital single market and making it easier for consumers to access digital products. The EU’s stated goal was to ensure a balance between a high...

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From the land of the “Beetle smile” or on the protection of the famous shape in Germany

The Porsche 911 decision of the Federal Court of Justice (I ZR 222/20) and Ur-Käfer decision of the Higher Regional Court of Braunschweig (2 U 47/19) The Volkswagen Beetle and the Porsche 911 are indisputably among the great classics of...

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Special Edition UPC December 2022

Introduction: What is the Unitary Patent System?

The Unitary Patent System comprises, on the one hand, a new European patent with unitary effect in all participating EU Member States, and, on the other hand, a new Unified Patent Court (UPC) which decide on these unitary patents, but...

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The UPC roadmap

After delays, the Unified Patent Court started its work on June 1, 2023. With the deposit of the instrument of ratification by Austria as the thirteenth member on January 18, 2022, the UPC had already entered into force provisionally in...

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Competence of the UPC

In principle, since the entry into force of the Agreement, the Unified Patent Court (UPC) has had exclusive jurisdiction over civil proceedings relating to European patents, unitary patents, supplementary protection certificates for products protected by such patents and European patent...

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