IP-NEWS

Germany has deposited its instrument of ratification for the Unified Patent Court (UPC)

Germany deposited its instrument of ratification of the Unified Patent Court on 17 February 2023. This means that the "sunrise period" - as last planned - will start on 1 March 2023. With the deposit of the instrument of ratification by Germany, the Agreement on the Unified Patent Court (UPC) will enter into force on 1 June 2023....mehr

The ending of the German-Swiss Trademark Agreement of 1892

In terms of the Trademark Law Modernization Act (TMA), Germany has terminated the "Agreement between Switzerland and Germany Concerning the Mutual Protection of Patents, Designs and Trademarks" of 1892. The agreement was concluded at the time between the Federal Council of the Swiss Confederation, on the one han...mehr

NFT judgement: Hermès wins NFT lawsuit for trademark infringement

Hermes International SA V. Rothschild, S.D.N.Y., No. 1:22-cv-00384 A Non-Fungible Token, or NFT for short, is a digital work of art with a certificate of authenticity. This certificate of authenticity is stored in the blockchain and is therefore immutable. Furthermore, unlike cryptocurrency, for example, NFTs are indivis...mehr

Constitutional complaints concerning the legal protection system of the European Patent Office unsuccessful in the result

2 BvR 2480/10, 2 BvR 561/18, 2 BvR 786/15, 2 BvR 756/16, 2 BvR 421/13 By decision published on 12 January 2023, the Second Senate of the Supreme Court of Germany dismissed as inadmissible several constitutional complaints lodged by the appellants against decisions of the Technical Boards of Appeal and the Enlarged Board...mehr

MSP succeeds in registering the position mark “red dot” on the wheel hub for commercial vehicle axles for SAF Holland Group

SAF Holland Group is one of the leading and globally operating companies in the field of manufacturing complex, high-quality components and systems for the truck and transport trailer industry, in particular for the semi-trailer and bus industry. For decades, SAF Holland Group has used a "red dot" on the wheel hubs as a distinctive mark for its products....mehr

UPC – Start of the sunrise period postponed to 01 March 2023

The President of the UPC / Court Of Appeal, Mr Klaus Grabinski, and the Acting Chairman of the Administrative Committee the UPC, Mr Johannes Karcher, have announced that the start of the Sunrise Period is postponed to 01 March 2023. As a consequence, the UPCA will enter into force from 01 June 2023. Initially, the start...mehr

Unified Patent Court appoints experienced German judges

On October 19, 2022, the Unified Patent Court published the judges elected for the court. Both Mr. Grabinski and Ms. Rombach were appointed as judges in the court of second instance, both of whom have already worked at the German Federal Supreme Court (BGH) for the Xth Senate, which is responsible for patent disputes. Mr. Grabinski, who is currently the deputy chairman of...mehr

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