IP-NEWS
NFT judgement: Hermès wins NFT lawsuit for trademark infringement
- February 13
- IP-NEWS
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
- January 16
- IP-NEWS
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
- January 11
- IP-NEWS
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
- December 5
- IP-NEWS
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
- October 20
- IP-NEWS
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!
- October 10
- IP-NEWS
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
- June 22
- IP-NEWS
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
- June 7
- IP-NEWS
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
- May 16
- IP-NEWS
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
No IP protection in Russia for EU companies
- March 24
- IP-NEWS
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
Müller Schupfner & Partner Patent- und Rechtsanwaltspartnerschaft mbB
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