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Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.
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05 JULY 2023UPC already a hit with patentees in Germany
The majority of filings so far have been in Germany, establishing Munich as a key destination. The number of international disputes is also expected to surge as English is introduced as a language option for proceedings.
08 MARCH 2023Regional courts unmoved by new disproportionality amendment to the German Patent Act
In what can be seen as a relief for patent holders, the new disproportionality exception for the enforcement of patent injunctions has left the German district courts' strict approach to injunctions unchanged.
22 FEBRUARY 2023CJEU ruling on preliminary injunctions sets regional courts on different paths
Patent litigators in Germany are feeling the effects of Phoenix Contact. While it was widely anticipated that German courts might alter their jurisprudence as a result, Düsseldorf and Munich’s regional courts are taking noticeably diverging approaches now that the first decisions on the matter have been published.
01 FEBRUARY 2023German court establishes legal certainty for appeals against EPO decisions
The German Federal Constitutional Court has ruled against plaintiffs who argued that the EPO violated fundamental procedural rights and possesses obvious shortcomings in its level of legal protection.
14 DECEMBER 2022BMW case highlights corporate personality rights and when it is safe to use them
Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.
07 DECEMBER 2022Rubik’s Cube ruling provides clarity for IP portfolio managers
Frankfurt’s regional court has ruled that the famous toy does not qualify for copyright protection, highlighting the strategic value of using a variety of different rights to protect functional objects.
16 NOVEMBER 2022Why Germany is opposing the WTO’s decision to suspend patent protection
While WTO member states have expressed general sympathy for the goal to provide broad access to vaccine technology during the pandemic, Germany continues to favour patent protection over compulsory licensing.
26 OCTOBER 2022How the CJEU’s decision on patent validity could affect German preliminary injunctions
German case law has been ruled incompatible with the EU Enforcement Directive by the Court of Justice of the European Union, prompting rights holders to urgently re-evaluate their options.
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