• »Creative Competence 
      at Innovations«
  • »Good Ideas need Comprehensive 
      Protection and Strict Enforcement«
  • »Excellent Service Counts«
  • »Sm@rt Solutions
      For Our Clients«
  • »Competence and Diversity
      combined in a proactive Approach«
  • »Worldwide and 
      Dynamic Networks«
  • »IP protects Innovations,
      PATGUARD protects your IP«



Update Ed. 2/2017

  • FOR NOW: Stop of Unified Patent Court
  • Grant of compulsory license for HIV drug
  • No "offering" at a domestic trade fair
  • Competitive originality possible for formerly patented products

FOR NOW: Stop of the Unified Patent Court by the German Constitutional Court

The laws for a reform of the EU patent right (unitary patent) and a unified European patent court (Unified Patent Court) are currently on hold in Germany. More ...

Update Ed. 1/2017

  • “Cherry picking” - Federal Court of Justice’s decision “Ventileinrichtung” (valve unit)
  • “Hard Brexit” - Progress of unitary patent
  • No trademark protection for 3D trademarks with exclusively technical features
  • Insurances in connection with Intellectual Property right

„Hard Brexit“ - Progress of the unitary patent

Despite Britain’s announcement to exit the European Union, the United Kingdom surprisingly announced on November 28, 2016 that they intend to ratify the agreement on the Unified Patent Court. Should the UK implement this intention, only Germany would have to follow. More ...

Update Ed. 2/2016

    • Possible effects of the BREXIT on the IP sector
    • Federal Court of Justice (BGH) rules against idle blockage of domain names
    • Protection of an achievement under competitive law for products
    • District Court Düsseldorf confirms an „offering” by the mere exhibition of a patentinfringing product at a domestic trade fair

EGC: The European Union Trademark NEUSCHWANSTEIN remains registered for the Free State of Bavaria

The German Association „Souvenir-Geschenke-Ehrenpreise“ (Souvenirs-Presents-Prizes) filed an invalidity action with the European Union Intellectual Property Office (EUIPO) against the European European Union Trademark NEUSCHWANSTEIN (no. 10144392) of the Free State of Bavaria. The trademark was filed and registered for perfumery, cutlery, jewellery, musical instruments, writing and letter paper, toys and other goods which can be subsumed under souvenirs in the year 2011.  More ...

Consequences for European Union Trademarks, community designs and unitary patent

As in the referendum regarding Britain’s EU membership on June 23, 2016, a slight majority of Great Britain’s population voted for Britain to exit the EU, the question now arises which effect the forthcoming exit of Britain will have on the territorial scope of protection of the European Union trademark, the community design and the unitary patent. More ...

Clarity – a patent requirement nonexistent in German Patent Law

One of the requirements for a patent application according to § 34 (4) of the German Patent Act is that: “In the application, the invention must be disclosed as clearly and completely that it can be carried out by an expert.” This sentence contains the requirement of practicability for a skilled person. In the European Patent Convention Art. 83 EPC contains a corresponding requirement. Art. 84 EPC defines the requirement of clarity. However, there is no equivalent for Art. 84 EPC in German Patent Law.  More ...

Update Ed. 1/2016

  • Priority I – Priorities regarding range specifications
  • Priority II – Transfer of priority rights
  • Danger of liability due to trademark infringements as a result
    of “Google hits”
  • 3D trademark “RANGE ROVER EVOQUE“ not distinctive

Update Ed. 2/2015

  • EPO decided on fee structure for unitary patent
  • Unitary patent and Unified Patent Court
  • Utility model protection – a strong weapon in case of infringements
  • Hague Agreement on designs
  • Nivea Blue registrable?

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