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The Unitary Patent System is imminent!

The introduction of the Unified Patent Court continues. The preparatory team for the Unified Patent Court published on October 6, 2022 that it is currently expected that the Unified Patent Court will start working on April 1, 2023. In order to meet this timeframe, Germany must deposit its instrument of ratification in De...mehr

New EU competition rules on horizontal agreements

In spring 2022, the European Commission published the status of its initiative to revise the EU competition rules on "horizontal agreements between companies" as follows (https://ec.europa.eu/info/law/better-r...mehr

An invention cannot be carried out if the means for realising the technical teaching are not indicated

Transmission power control method The Federal Supreme Court has decided that in order for the invention to be carried out, the patent specification must indicate by which means and in which way the claimed technical teaching can be realised. This requirement is not met if the patent specification merely states an abstrac...mehr

Opposition or nullity proceedings no longer required for preliminary injunction for patent infringement

The European Court of Justice (ECJ) has ruled that a preliminary injunction for patent infringement cannot be denied based on the patent's failure to prove its validity in opposition or nullity proceedings (ECJ, Apr. 28, 2022 - C-44/21). Namely, it was held that Article 9(1) of Directive 2004/48/EC of the European Parlia...mehr

Invitation to MSP seminars on current IP topics

Müller Schupfner & Partner offer a variety of seminars on current topics in intellectual property law. The presentations are each scheduled for one hour and can be booked in presence at your company or as an online format. There are no costs for you. The following...mehr

No IP protection in Russia for EU companies

On 6 March 2022, the government of the Russian Federation adopted a decree (which is already in force) that allows Russian entities and individuals to use inventions, designs and utility models registered in Russia by holders based in ‘unfriendly’ countries without their consent and without paying any compensation. The list of ‘foreign states who commit hostile acts...mehr

EPO’s Enlarged Board of Appeals confirms prohibition of double patenting

Most recently, the EPO published the written decision of the Enlarged Board of Appeals in the case G4/19 in which the Enlarged Board dismissed any doubts about the applicability of Art. 125 EPC on the prohibition of double patenting. The appeal leading to the Enlarged Board's decision was filed against the decision of th...mehr

NFT the new hype – what to watch out for from an intellectual property perspective

Summary The abbreviation NFT stands for Non-Fungible Token. By definition, it is a type of certificate of authenticity for a digital work. The certificate of authenticity is stored decentrally on one or more blockchains. This certification ensures that the digital work, which can be reproduced at will, becomes an origina...mehr

MSP is part of INTA’s Pro Bono EntreprenuHERship Legal Clinic

The International Trademark Association (INTA) is hosting a Virtual Pro Bono Legal Clinic on March 08, 2022. To make access to legal advice easier, pre-qualified applicants from anywhere in the world can consult volunteer trademark attorneys. Among others they will explain the trademark registration process, and direct a...mehr

Moon Boot – EU General Court upholds finding of partial invalidity of the Moon Boot 3D mark

Last week, the European General Court (EGC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group, concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Background...mehr