News & Knowledge

IP-Update

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

A sandal remains a sandal – also in the opinion of the German Federal Court of Justice

IP-Update
Summary of the latest decision of the German Federal Court of Justice (BGH) on the copyright protection of Birkenstock sandals On February 20, 2025, the Federal Court of Justice ruled in a landmark decision that the world-famous Birkenstock sandals do not enjoy copyright protection. The central question…
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Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

Landmark ruling of CJEU with significant impact on european patent litigation strategies

News
Earlier this week, the CJEU has issued its long-awaited ruling in the matter of BSH vs Electrolux (CJEU, judgement of February 25, 2025, C-339/22), thereby significantly expanding the possibilities for both the UPC and national courts in the EU Member-States to grant cross-border injunctions and decide…
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Dr. Julian Wernicke, Attorney at Law at BOEHMERT & BOEHMERT

EU Commission confirms: “Emmentaler” remains a generic term

IP-Update
The cheese is not recognized as a protected designation of origin. On January 23, 2025, the EU Commission ruled that the term “Emmentaler” will not be recognized as a protected designation of origin within the European Union. Instead, it confirmed that the term is a generic name that may be used…
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Fabio Adinolfi, Rechtsanwalt bei BOEHMERT & BOEHMERT

B&B Partners obtain patentee-friendly decisions from the Boards of Appeal of the European Patent Office

Issue November 2024
Rule 80 EPC – Multiple independent claims for defending a patent in opposition proceedings Within a short period of time, the Boards of Appeal of the European Patent Office have issued two parallel decisions that were obtained by partners of BOEHMERT & BOEHMERT in favour of our clients. Both decisions…
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Dr. Adrian Steffens, Patentanwalt bei BOEHMERT & BOEHMERT

Patent Applications for AI Technologies at Record High

IP-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…
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Trade Mark Misuse in Practice

IP-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…
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Fabio Adinolfi, Rechtsanwalt bei BOEHMERT & BOEHMERT

Radiator grille element infringes Audi brand

IP-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…
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Fabio Adinolfi, Rechtsanwalt bei BOEHMERT & BOEHMERT

Copyright and freedom of use – the Warhol case

IP-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…
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Fabio Adinolfi, Rechtsanwalt bei BOEHMERT & BOEHMERT

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

UPC-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,…
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