IP-NEWS
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
EPO’s Enlarged Board of Appeals confirms prohibition of double patenting
- March 10
- IP-NEWS
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
- March 1
- IP-NEWS
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
Moon Boot – EU General Court upholds finding of partial invalidity of the Moon Boot 3D mark
- January 27
- IP-NEWS
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
Provisional application of the Agreement on a Unified Patent Court begins
- January 20
- IP-NEWS
The Protocol to the Agreement on a Unified Patent Court concerning provisional application (PVA) will enter into force on January 19, 2022, after Austria has deposited its instrument of ratification on January 18, 2022. The final preparations for the Unified Patent Court can now be initiated. With the start of provisiona...mehr
Calculation of the claim for damages in the case of use of a trademark solely in advertising possible within the scope of the license analogy
- January 3
- IP-NEWS
Judgment of 22.09.2021 - I ZR 20/21 Guiding principles of the BGH: (1) If a sign is used in advertising alone in a way that infringes trademark rights, this does not exclude from the outset that the claim for damages can be calculated on the basis of a...mehr
An artificial intelligence system cannot be the inventor of a patent
- December 22
- IP-NEWS
Yesterday, the Legal Board of Appeal of the European Patent Office (EPO) announced its eagerly awaited decision on appeals J8/20 and J9/20. It confirmed the view of the EPO that patent applications should be refused in which an artificial intelligence system was designated as inventor. The Board of Appeal also rejected the auxiliary reques...mehr
G 1/21 – Oral proceedings as videoconference without consent of the parties?
- December 22
- IP-NEWS
In its referral to the Enlarged Board of Appeal of 12 March 12 2021, the Technical Board of Appeal in case T 1807/15 had raised the question whether the conduct of oral proceedings in the form of a videoconference is compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the...mehr
International Convention on the Enforcement of Mediation Results
- December 16
- IP-NEWS
The Singapore Convention, formally the United Nations Convention on International Settlement Agreements Resulting from Mediation, entered into force on September 12, 2020. It offers parties the opportunity to enforce international agreements reached through mediation to settle disputes across borders. Up to now, the parties involved were dependent on voluntary compliance w...mehr
Müller Schupfner & Partner Patent- und Rechtsanwaltspartnerschaft mbB
Service
Legal Notices
Copyright © 2009 – 2026