Dr. Jochen Pagenberg has been selected for induction into the IP Hall of Fame for 2010, following a voting process that involved IP professionals from around the world. This culminated in a final vote by members of the IP Hall of Fame Academy, who are selected from the inductees of previous years.

The IP Hall of Fame was created in 2006 by the journal Intellectual Asset Management (IAM) of the IP Media Group to award personalities from politics, judges and lawyers, scientists and inventors of technology, who have played a major role in the creation of today's IP system. Inductees into the IP Hall of Fame are chosen for their outstanding contribution to the development of IP law and practice. For more information visit: www.iphalloffame.com

 

Among Dr. Pagenberg’s many past achievements and ongoing engagements may be mentioned: Expert of the Working Party for the European Patent Litigation Agreement (EPLA); Member of the Expert Group of the European Commission for the EU patent court system, President of the European Patent Lawyers Association which is contributing to the work for the establishment of a European and EU patent court as advisors of the Commission and by organising conferences all over Europe, chairman of the AIPPI Special Committee on European patent litigation, and not least his relentless publication activities resulting in some 80 articles, six books (such as “License agreements” now in its 6^th English/German edition, with English/Chinese and English Korean versions having been published recently) as well as lecturing activities at academic institutions in Europe and the U.S..

 

BARDEHLE PAGENBERG is the only law firm with several of its members having been honoured with this position, one of them Dr. Alexander von Mühlendahl, former Vice President of OHIM in Alicante.

 

This year’s inductees into the IP Hall of Fame will be honoured at a gala dinner on 21^st June 2010 in Munich during the IPBC Conference in Munich.. Pagenberg’s many past achievements and ongoing engagements may be mentioned: His current presidency of the European Patent Lawyers Association which lobbies for the establishment of a central European patent court, his chairmanship of the AIPPI committee on European patent litigation, and not least his relentless publication activities resulting in some 80 articles, six books (such as “License agreements” now in its 6^th edition). BARDEHLE PAGENBERG is the only law firm with several of its members having been honoured with this position, including also Alexander von Mühlendahl, former Vice President of OHIM.

This year’s inductees into the IP Hall of Fame will be honoured at a gala dinner on 21^st June 2010 in Munich. For more information visit: www.iphalloffame.com.

On November 24, 2009, a discussion on the amendment of claims took place in the framework of a series of seminars entitled “Münchner Patentgespräch” (“Munich Patent Talk”).

Judges from the German Federal Supreme Court, the Federal Patent Court, the Boards of Appeal of the European Patent Office and the civil courts as well as representatives from industry and the Bar were informed by Dr. Jochen Pagenberg about the latest developments of the project of a European system of patent courts (... more).

On November 20, 2009, at its yearly congress in Brussels, the members of the European Patent Lawyers Association elected Dr. Jochen Pagenberg as its president after having served as its vice-president for four years.

EPLAW is an association of ca. 250 patent litigation lawyers in the European Community. Its primary objective is to promote harmonization of patent laws and patent disputes in Europe. Members of the Association must be lawyers admitted to a bar and have substantial litigation experience in patent law. EPLAW has rendered opinions regarding the future European Patent Court system and the Community patent; five of its Board Members including Jochen Pagenberg are members of the Expert Group consisting of five judges and five lawyers for the establishment of a European and Community Patents Court.

Jochen Pagenberg has also been active as an Expert of the Working Party for  the European Patent Litigation Agreement (EPLA) and as Chairman of the European Patent Litigation Committee of  the AIPPI. He has been voted in 2009 for the third time in a world-wide survey by Who’s Who Legal as one of the 10 top patent litigators worldwide.

Read more on the EPLAW Patent Blog sponsored by BARDEHLE PAGENBERG:

The German patent No. DE 197 56 864 C1 (patent proprietor: Professor Oliver Brüstle) comprises claims on neural precursor cells derived from embryonic stem cells (ES), and a method for the production of the neural precursor cells. According to the patent description, ES cells comprise human ES cells. They are obtainable by removing embryonic stem cells from the blastocyst, which is a stage of development of the human embryo. According to the prevailing opinion, ES cells cannot develop into a complete individual but are able to form certain types of tissue only under selected conditions. The claims do not comprise the feature of using embryos for the production of ES cells (…more)

On October 23, 2009 a lecture was held at the John Marshall Law School’s Center for Intellectual Property Law, Chicago, titled “Diverging Standards in European and American Trademark and Copyright law”. Several members of Bardehle Pagenberg participated as speakers; below are some excerpts of the program:

"Protection of Famous and Well-Known Marks (Including Trademark Dilution and Other Issues Related to Reputational Harm)"
Dr. Jochen Pagenberg, Bardehle Pagenberg, Munich, Germany

"Three-Dimension Marks (Including Trade Dress)"
Dr. Henning Hartwig, Bardehle Pagenberg, Munich, Germany

“American Trademark Law — A European Perspective”
Dr. Alexander von Mühlendahl, Bardehle Pagenberg, Munich, Germany

"Geographic Indicators (Including Trademark and Sui Generis Protections)"
Dr. Alexander von Mühlendahl, Bardehle Pagenberg, Munich, Germany

"Copyright Problems on the Internet (Including Piracy, Regulatory Issues, and Industry Responses such as Take-Down Practices)"
Dr. Christof Karl, Bardehle Pagenberg, Munich, Germany

French attorneys-at-law Michèle Lesage-Catel, Stéphanie Legrand, Olivier Legrand, and their associates, join Bardehle Pagenberg in Paris, France.

The Paris office of Bardehle Pagenberg, founded in 1992, is being managed by Julien Fréneaux since 2002.

With ten attorneys admitted to the Paris bar, backed by eleven experienced lawyers, paralegals and staff, the French office of Bardehle Pagenberg now ranks among the largest teams of attorneys-at-law specializing in intellectual property in Paris.

On July 17, 2009 BARDEHLE PAGENBERG held a Symposium on the “EC Pharma Sector Inquiry” and possible impacts on IP Law. Outstanding experts both from industry and academia gathered as speakers and panellists, including Josef Drexl (Max-Planck-Institute, Munich), Thomas Porstner (ProGenerika, Berlin), David Rosenberg (GlaxoSmithKline, London) and Hanns Ullrich (Munich). Members of the EPO and the GPTO, judges from the German Federal Patent Court and German civil courts as well as IP practitioners from industry and law firms attended and contributed to a most valuable and controversial discussion.

In 2008, the Directorate-General for Competition of the European Commission, concerned about the decreasing number of novel medicines and about the time generic pharmaceuticals take to reach the market after expiry of the patent, launched an inquiry in the pharmaceutical sector. In its preliminary report published in November 2008, DG Competition voiced concerns that the European patent system impedes innovation and unduly delays the market entry of generic products. The final report was only published on July 8, 2009.

The Symposium held a few days later offered a timely forum to discuss this report and DG Competition’s approach to intervene in patent matters. The presentations and discussions did not question the basic assumptions of delayed market entry of generic medicines and the tendency of decline of novel medicines. Rather, criticism focused on DG Competition’s suspicion that this was caused by patent applications and patent enforcement and DG Competition’s lack to examine the causal interplay. It was also criticized to call upon anti-trust law in order to control and restrict the application for and enforcement of IP rights. However, the presentations and discussions revealed that not all practices involving patent application and enforcement can be considered as appropriate practices and that anti-trust law might correctly be applied for settlement agreements providing “reverse payments” from the owner of the original product to the defendant for keeping the generic product out of the market. BARDEHLE PAGENBERG will publish a book documenting the “EC Pharma Sector Inquiry” Symposium, being the second Symposium after last year’s “Stem Cell Research”, in a series of expert discussions on topics of public interest.

Program

Moderators: Dr. Stefan Abel, Attorney-at-Law, Bardehle Pagenberg, Munich,

Dr. Thomas Friede, Patent Attorney, European Patent Attorney, Bardehle Pagenberg, Munich

13:30 “A Summary of the Sector Inquiry and View of the Generic Companies and Associations”, Thomas Porstner, EGA

14:00 “Reverse Payments in Litigation Settlements”, Prof. Dr. Josef Drexl, MPI, Munich

14:30 “Maintaining Competition within the System of Intellectual Property Rights”, Prof. Dr. Hanns Ullrich, Munich

15:00 “A View of the Research-based Industry”, David Rosenberg, GlaxoSmithKline, London

15:30 Break

16:00 Panel and audience discussion (until 18:30)

19:30 Reception with dinner and classical music

In the framework of INTA 2009 in Seattle, the magazine World Trademark Review has awarded the IP Team of BMW with the WTR Industry Awards 2009. The photo shows Jochen Pagenberg handing the Award in the Category "Automotive & Aviation Team of the Year" to Jochen Volkmer of BMW.