IP-Update - BOEHMERT & BOEHMERT

Portrait of Stella Euchner, Attorney at Law at BOEHMERT & BOEHMERT

The German Distance Learning Protection Act (FernUSG): Current Case Law and Practical Impacts

24. March 2026IP-Update

The German State Central Office for Distance Learning (ZFU) is also of central importance for modern online formats and B2B offerings. In its ruling of June 12, 2025 (III ZR 109/24), the Federal Court of Justice (BGH) significantly expanded the scope of the German Distance Learning Protection Act (FernUSG)…

Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

FCJ “FRAND Objection III” and recent case law of the German District Courts: Further Clarification of Willingness and Security Requirements

5. March 2026IP-Update

Recent Case Law of the German District Courts Recent case law from the Munich patent courts has further refined the requirements for raising a competition law-based FRAND defence against injunctive relief based on standard-essential patents. Several decisions of the Regional Court of Munich I in 2025…

BSH before the UPC and the German courts – first applications, an emerging tendency and open guiding questions [Update on BSH case law]

6. February 2026IP-Update

Update on the article “BSH as a Gateway to Cross-Border Patent Enforcement: The Regeneron/Bayer vs Formycon and Onesta vs BMW Cases” from December 1, 2025 The CJEU’s decision in BSH v Electrolux (C-339/22) has by now been expressly taken up in several decisions of the UPC, in particular with regard…

Dr. Julian Wernicke, Attorney at Law at BOEHMERT & BOEHMERT

Greenwashing or permissible environmental claims?

2. February 2026IP-Update

Status of the implementation of the Empowering Consumers Directive (EmpCo Directive) in Germany The European Union is pursuing the goal of better protecting consumers from misleading environmental and sustainability claims with the Empowering Consumers Directive (Directive (EU) 2024/825, or EmpCo Directive for short).

CJEU specifies protection for works of applied art

4. December 2025IP-Update

On 4 December 2025, the CJEU delivered its ruling on how furniture and other objects of applied art should be examined to establish their eligibility for copyright protection as ‘works’ of applied art, in joined cases C-580/23 and C-795/23. Background to the decision The proceedings in question…

BSH as a Gateway to Cross-Border Patent Enforcement: The Regeneron/Bayer vs Formycon and Onesta vs BMW Cases

1. December 2025IP-Update

The CJEU ruling in BSH v. Electrolux (C-339/22) changes the rules of the game. National courts emerge as pivotal nodes in transnational disputes and can rule on patent infringements even if the patent is valid in several countries. Initial practical cases demonstrate the scope of this ruling. With its…

Brexit update: Five-year grace period for UK clones ends on December 31, 2025

20. November 2025IP-Update

On December 31, 2025, the five-year grace period for so-called UK clone trademarks will end. These are national UK trademarks that automatically emerged from registered EU trademarks in the course of Brexit and were protected as additional comparable UK trademarks (same sign, same goods and services,…

New Referral G 1/25 to the Enlarged Board of Appeal of the EPO

6. August 2025IP-Update

Must the description be adapted to amended patent claims? Summary On July 29, 2025, the Technical Board of Appeal of the European Patent Office issued an interlocutory decision in case T 697/22. In this decision, three questions were referred to the Enlarged Board of Appeal (EBA) to clarify whether…

New decision G 1/23 of the Enlarged Board of Appeal of the EPO

22. July 2025IP-Update

Publicly available product is prior art, even when not reproducible In decision G 1 /23 issued on July 2, 2025, the Enlarged Board of Appeal of the European Patent Office was confronted with the question of whether a product put on the market is considered prior art regardless of enablement. In particular,…