IP-Update - BOEHMERT & BOEHMERT

Dr. Adrian Steffens, Patentanwalt bei BOEHMERT & BOEHMERT

Patent Applications for AI Technologies at Record High

28. March 2024IP-Update

The innovation landscape in the field of artificial intelligence (AI) is flourishing. This is the result of a recent analysis by the German Patent and Trade Mark Office (DPMA). Speaking in Munich, Eva Schewior, President of the DPMA, reported that the number of patent applications for Germany has risen…

Trade Mark Misuse in Practice

26. March 2024IP-Update

To the chagrin of honest entrepreneurs, trade marks are sometimes misused and used against them. The aim of the applicant may be to obtain a blocking position against competitors. Alternatively, the application may be speculative, based on the hope that a company will want to use the mark for its goods…

Fabio Adinolfi, Rechtsanwalt bei BOEHMERT & BOEHMERT

Radiator grille element infringes Audi brand

20. February 2024IP-Update

In its judgment of January, 25 (C-334/22), the CJEU clarified that a car manufacturer can prohibit the use of a sign for spare parts if it contains an element that is similar or identical to a trademark. Audi's well-known four-rings trademark is registered in the EU for vehicles and spare parts, among…

Copyright and freedom of use – the Warhol case

30. January 2024IP-Update

In May 2023, the US Supreme Court surprisingly restricted artistic creativity in favor of broad copyright protection. This article first explains how the Supreme Court limited the scope of permissible re-use. It then outlines current approaches in German case law regarding the adaptation and transformation…

EPC: Amendments to rules for postal and electronic notification by the EPO

2. May 2023UPC-Update

Amendments to Rules 126(2), 127(2) and 131(2) EPC concern the postal and electronical notification by the European Patent Office (EPO), and the calculation of time periods triggered by a notification On 13 October 2022, the Administrative Council adopted changes to Rules 46, 49, 50, 57, 65, 82, 126,…

Termination of the Swiss-German Agreement of 1892 – what trademark owners have to consider

23. May 2022IP-Update

Effective May 31, 2022, Germany has terminated the "Agreement between Switzerland and Germany Concerning the Reciprocal Protection of Patents, Designs and Trademarks" of 1892. For more than 100 years, this bilateral Agreement had provided for facilitations for owners of industrial property rights in…

ECJ declares German court practice regarding the (non-)granting of preliminary injunctions arising from patents to be contrary to European law

2. May 2022IP-Update

As already reported in a June 2021 article in our B&B Bulletin, the Munich Regional Court has asked the European Court of Justice (ECJ) to rule on whether the German court practice regarding preliminary injunctions in cases of patent infringement is compatible with European law. The issue here…

Intellectual property updates in light of the ongoing war in Ukraine

26. April 2022IP-Update

For more than two months now, a fierce war has evolved between Russia and Ukraine. We observe the developments in Ukraine with great concern, and sincerely hope that the Russian aggression can be stopped as soon as possible. It may seem inappropriate to consider the effects of war on intellectual…

The European Patent Office will increase its fees on a rotating basis as of April 1, 2022

28. March 2022IP-Update

The EPO is striving to make online filing of application documents the standard format. To make this more attractive, the EPO has made it possible to file in DOCX, the character-coded format. In the future, the EPO will distinguish 3 cases for filing fees: 1. All application documents are filed…

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