Month:
Federal Supreme Court (BGH): Square packaging for Ritter Sport chocolate remains protected as a trademark
- December 16
- IP-NEWS
Decisions of 23 July 2020 - I ZB 42/19 and I ZB 43/19 The square shape of Ritter Sport chocolate remains protected under trademark law, since the shape is not determined by the nature of the goods themselves and therefore no grounds for cancellation apply....mehr
German Federal Constitutional Court declares UPC Agreement void
- December 16
- IP-NEWS
On 20 March 2020 the German Federal Constitutional Court (FCC) has declared the German law ratifying the Agreement on the Unified Patent Court (UPC Agreement) to be void. In 2017 a constitutional complaint against the German act of parliament approving the UPC Agreement has been filed which was based on the argument that...mehr
UK is leaving the EU
- December 15
- IP-NEWS
Important news on IP rights after Brexit The UK is leaving the EU on January 31, 2020. As a result, there will be no changes on patents, but for holders of EU and IR (designating the EU) trademark and design. However, these changes will not t...mehr
Federal Supreme Court confirmed trademark infringement by third-party linked Google advertisements
- December 15
- IP-NEWS
Decision of the Federal Supreme Court of July 25, 2019 – I ZR 29/18 The company ORTLIEB attacks advertisements appearing when entering the search terms „Ortlieb bicycle bag“, „Ortlieb luggage bag“ or „Ortlieb outlet“ in Google linking to an Amazon offer overview and forwarding to offers of competi...mehr
German design law: Federal Court of Justice overturns the “overlap theory”
- December 15
- IP-NEWS
When filing an individual German design application, up to 10 photographs or other graphic representations can be submitted that show the design to be protected. Up to now, the overlapping characteristics found in all of the depictions on file were used to judge a design’s eligibility for protection (see BGH decision from 2001-02-15, Az. I ZR 333/98 – Sitz-Lie...mehr
The new Protection of Trade Secrets has taken effect on April 26, 2019!
- December 15
- IP-NEWS
Until April 26, 2019, trade secrets were protected by the Unfair Competition Act, namely §§ 17 to 19 UWG. These provisions have now been repealed and integrated into the new law.The following provisions entered into force: • Introduction of a legal definition of trade secrets:Trade secret means information which it is sec...mehr
ECTA ®ETREAT Follow-up
- December 15
- IP-NEWS
Also this year's ECTA ®ETREAT Workshop on "Trade Marks: Case Law of the EUIPO Boards of Appeal and German Courts Trademark" was successfully organized by Müller Schupfner & Partner. It took place at the German Patent and Trademark Office on 06 March 2019. Despite Ash Wednesday and Bavarian carnival holidays, around 160 participants took par...mehr
Müller Schupfner & Partner organizes and moderates the ECTA MUNICH ®ETREAT
- December 15
- IP-NEWS
Workshop "Case Law of the EUIPO Boards of Appeal and German Courts" on March 06, 2018, 4:30 p.m. to 8:00 p.m. at the German Patent and Trademark Office Forum in Munich...mehr
The new German Trademark Law Act takes effect today!
- December 15
- IP-NEWS
Today, on January 14, 2019, the deadline for transposing the European Union Trademark Directive EU 2015/2436 expires. During the course of this, the German legislator has passed the new German Trademark Law Act, which comes into force today. The reform aims at strengthening the rights of trademark owners and harmonizes rules in the European Union....mehr
New Rules of Procedure of the Boards of Appeal
- December 15
- IP-NEWS
The Boards of Appeal of the European Patent Office (EPO) are currently revising their Rules of Procedure, which regulate the procedure in appeal proceedings before the EPO. In the course of the seminar on the latest case law, which was attended by patent attorneys from Müller Schupfner & Partner, the chairman of the Boards of Appeal, Carl Josefsson, laid down the basi...mehr
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