IP-Update - BOEHMERT & BOEHMERT

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

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…

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

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…

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

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,…

New Decision G 1/24 – Claim Interpretation at the European Patent Office

24. June 2025IP-Update

On 18 June 2025, the Enlarged Board of Appeal of the European Patent Office (EPO) issued the long-awaited decision G 1/24, which is expected to have significant implications for claim interpretation under the European patent system. According to Article 69(1) EPC, the extent of protection conferred…

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

25. March 2025IP-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…

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

28. February 2025News

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…

EU Commission confirms: “Emmentaler” remains a generic term

6. February 2025IP-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…