News & Knowledge

B&B Bulletin

Issue July 2022

The Unitary Patent system on the home straight

Over the past months, the European Unitary Patent system has been taking shape, and it is expected that the system will become operational in late 2022 or early 2023. It’s time to prepare. The Unitary Patent system will comprise a...

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CJEU on preliminary injunctions in Germany – change in court practice required?

Upon submission of the Munich Regional Court (see our June 2021 article), the Court of Justice of the European Union (CJEU) has ruled on German court practice regarding preliminary injunctions in cases of patent infringement where the validity of the...

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New consumer protection regulation for digital products

With the Digital Content and Digital Services Directive (EU Directive 2019/770), the EU is further expanding the European Digital Single Market, facilitating the consumer access to digital products. The outspoken goal of the EU was to ensure a balance between...

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Issue December 2021

GDPR – New Standard Contractual Clauses

Since the CJEU annulled the EU-US Privacy Shield in July 2020, the European Commission’s Standard Contractual Clauses have in practice formed the most relevant basis for cooperation with service providers and partners outside the EU. The Standard Contractual Clauses have...

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Health Claims Regulation: The use of trademarks containing health claims finally banned

As of 20 January 2022, the use of trademarks containing health claims will be definitively prohibited. Many products are advertised by the food industry as having health benefits. Margarine were “low in cholesterol” and dried fruits would “promote digestion.” Even...

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Protection of the Swiss Army Knife

With judgement rendered on 15 June 2021 in the case 33 O 7646/20, the Regional Court of Munich ruled on the use of various indications of geographical origin with reference to Switzerland. Specifically, the ruling concerned the famous Swiss Army...

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From Artworks and Copy­rights, NFTs make their way into Inventions and Patents

While the world’s creativity and digital artwork sector have been reaping the benefits of NFT based transactions, more recently inventions and patents have also joined the trend. The last few months have seen a tremendous increase in activities surrounding Non-Fungible...

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Recent German Court Decisions and Legislation shape the future of Euro­pean Patent Litigation

The German Federal Constitutional Court has recently rejected two urgent applications directed against the creation of the European Unified Patent Court. If political support for the project continues and no further unexpected hurdles arise, the unitary patent could thus be...

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G 4/19 – Confirmation of the prohibition of double patenting before the EPO

In its most recent decision G 4/19, the Enlarged Board of Appeal of the European Patent Office deals with the so-called prohibition of double patenting. The Board confirms therein that a European patent application may be refused if it claims...

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Issue June 2021

Computer-implemented simulations and designs – a comparison of case law at the EPO and in Germany

Decision G1/19 of the EPO’s Enlarged Board of Appeal has recently caused some turmoil in the field of computer-implemented simulations and beyond. We provide a comparison of how computer-implemented inventions can be protected in Europe and in Germany. Decision G1/19 of...

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