IP-NEWS
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 19, 2018, 4:30 p.m. to 7:00 p.m. at the German Patent and Trademark Office Forum in Munich...mehr
Current case law of the European Patent Office on simulation methods and digital patents
- October 7
- IP-NEWS
Introduction Decision G1/19 of the Enlarged Board of Appeal of the European Patent Office (EPO) was eagerly awaited by the IP world. In the context of this decision, questions had been addressed to the highest level of the EPO because there were potentially conflicting decisions of the Boards of Appeal o...mehr
Law for the Simplification and Modernisation of Patent Law
- June 30
- IP-NEWS
On 10 June 2021, the Bundestag voted in favour of the Federal Government's bill to simplify and modernise patent law as amended by the Legal Affairs Committee. The most controversial aspect is probably the amendment of § 139 PatG and, analogously, § 24 GebrMG, according to which a claim for cease-and-desist against a p...mehr
Interpretation of Art. 13 (2) of the new Rules of Procedure of the Boards of Appeal of the EPO
- May 28
- IP-NEWS
First landmark decisions regarding Art. 13 (2) of the Rules of Procedure of the Boards of Appeal (RPBA) of the European Patent Office (EPO) The new Rules of Procedure of the Boards of Appeal (RPBA) of the European Patent Office (EPO) have been in force since January 1, 2020. One of the major changes of these new Rules of...mehr
The nullity of trademarks due to non-use – decision of the Federal Supreme Court of 14.02.2021, I ZR 40/20 –
- April 30
- IP-NEWS
According to Section 49 (1) MarkenG, a trademark is liable to revocation if the trademark has not been used pursuant to Section 26 MarkenG within an uninterrupted period of five years after the date on which opposition to it is no longer possible. In its latest judgement on the requirements for revocation of trade marks, the BGH abandons its previous case law (BGH, judgeme...mehr
Board of Appeal of the EPO: An alleged non-obvious effect of a feature cannot support inventive step
- March 23
- IP-NEWS
EPA, Decision of 18.11.2020 – T 0517/16, Generating a Source Code Summary A claimed technical effect may be disregarded in the assessment of inventive step if it cannot be considered plausible for the claimed subject-matter in its full scope and is not made...mehr
ECJ – LEGO wins step by step, registered European design remains protectable
- March 23
- IP-NEWS
Judgment of the Court of Justice of the European Union (CFI) (Second Chamber) of March 24, 2021. Lego A/S v. European Union Intellectual Property Office. Case T-515/19. The judgment concerns European Design No. 16643...mehr
Oral proceedings as video conference – major differences between EPO and DPMA
- March 8
- IP-NEWS
Since January 1, 1998, i.e. for 23 years now (reference in EPO Official Journal 12-1997, 572), the European Patent Office (EPO) has established a communication system which allows oral proceedings before the EPO to be held by videoconference. Until the beginning of 2020, such oral proceedings by videoconference were only provided for proceedings before the Examining Divisi...mehr
EU Expert Group on SEPs publishes discussion paper
- February 15
- IP-NEWS
On February 10, 2021, the SEPs Expert Group (Expert Group on Standard Essential Patents), an advisory body of the EU Commission, which has been meeting since 2018, published a very comprehensive contribution (229 pages) on the topic of FRAND (see h...mehr
Abolition of the „flying jurisdiction” in competition law
- January 11
- IP-NEWS
On December 2, 2020, the revised provision on local jurisdiction pursuant to Section 14 (2) of the Act against Unfair Competition (UWG) came into force and abolishes the so-called “flying jurisdiction” regarding Internet cases for domestic defendants. The new special regulation of the local jurisdiction of the court is based on the law to strengthen fair competition of...mehr
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