extension of the scope of protection after grant, lack of entitlement, and national prior rights existing in any of the UPC member states. b) Duration of the proceedings Considering the duration...

back to the court of appeal for a fresh hearing and decision. In the view of the German Federal Court of Justice, the judgment was to be set aside as the assumptions of the court of appeal did...

the level of renewal fees. For the latter, the EPO has revised its original proposal (SC/4/15 of March 3, 2015) and submitted a new document SC/18/15 of May 7, 2015 to the Select Committee of...

The background of this case is that NanoString had already previously tried to obstruct/delay the grant of an injunction in parallel national infringement proceedings in Germany by way of an...

significance of green biotechnology The significance of global green biotechnology is huge. 140 million hectares are taken up by the cultivation of these plants worldwide. While large quantities...

The Federal Supreme Court referred the case to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the interpretation of the respective provision in the EU Biotech...

envisaged level of the renewal fees will only attract a small minority of users of the European patent system validating at present in a high number of participating member states. In respect of...

understaffing of the Boards of Appeal does not promise any change of direction of the prevailing practice. The continuing call of the President of the EPO for increasing efficiency of the Boards...

ic of that foodstuff. If the taste of the foodstuff is more attributable to other ingredients it contains, the use of such a name will take unfair advantage of the reputation of the designation ...

Continuation of IP Report of August 24, 2017 ( German Federal Court of Justice on financial compensation of co-authorized persons with regard to patents (BGH, “Sektionaltor II” judgment of May...

divisional applications. As of November 1, 2014, the situation will change due to an amendment of Rule 164 EPC. The full text of the amended rule can be found here . As a result of the change,...

from using a sign the use of which adversely affects or is liable adversely to affect one of the functions of the trade mark, on the ground that, though being aware of the use of the mark, he or...

more of the European Patent Convention (EPC) signatory states. The proprietor of the patent may request within one month after publication of the grant of the European patent the registration of...

Decision of the Higher Regional Court of Munich The Higher Regional Court of Munich confirmed both the finding of patent infringement and the rejection of the FRAND objection by the Regional...

manifest errors of assessment of the validity of such designs, the General Court exceeded the scope of Article 61 CDR. Furthermore, by considering that the expression of feelings of the...

compensation of a co-authorized person was also said to be excluded. c) Beginning of the statutory period of limitations It is a prerequisite of the beginning of the standard statutory period of...

two head notes: In case of an imminent damage from enforcement, the profit of the company against which the enforcement is directed is relevant for the determination of the amount of security...

Regional Court of Dusseldorf alleging that the first instance overstated the impact of patent law on public procurement law. Findings of the Court The Procurement Senate of the Higher Regional...