News & Knowledge

IP-Update

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

IP-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

IP-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

IP-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

IP-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…

UPC: Changes to the legal framework for action against cross-border supply chains

IP-Update
Strategic thoughts on contributory patent infringement ahead of the entry into force of the Agreement on a Unified Patent Court The legal framework for actions against cross-border supply chains in Europe that precede the use of a patented object will change significantly with the forthcoming entry…

Cologne Regional Court affirms the eligibility of sandals for copyright protection

IP-Update
In preliminary injunction proceedings, the Regional Court of Cologne rules in favour of a shoe manufacturer and affirms the eligibility of sandals for copyright protection.By order of 30 December 2021, the Regional Court of Cologne provisionally decided in preliminary injunction proceedings that…

Higher Regional Court of Düsseldorf: Attribution of redesign measures by customers after the “Garage Door” decision

IP-Update
Introduction Claiming a direct patent infringement (Sec. 9 Patent Act) is generally easier for the patent proprietor than claiming an indirect patent infringement (Sec. 10 Patent Act), because the latter is subject to additional requirements. Direct infringement is also legally more favorable for the…

Stuttgart Higher Regional Court rules on a claimed copyright infringement of “Happy Birthday” by modified radio spot

IP-Update
The OLG Stuttgart has ruled that the mere adoption of the words "Happy Birthday" as well as the use of an only slightly modified original melody does not constitute copyright infringement (OLG Stuttgart, judgment of 28 October 2020 and rectification order of 17 March 2021 - 4 U 656/19). Background The…

Promotion in the EU, liability in Germany? – News on cross-border trademark infringements

IP-Update
The worldwide availability of offers and ordering options is one of the great achievements of online commerce. However, the expansion of the territorial reach can also be accompanied by an expansion of liability for the infringement of intellectual property rights. The operator of an online store in…