Patent Law

1. German Federal Supreme Court improves possibilities of patentee to collect evidence ("Residual Pollutant Elimination"/"Restschadstoffentfernung" - X ZR 114/03)
Reported by Dr. Frank Peterreins

2. Federal Supreme Court close to accept patentability of business methods? ("Prepaid Telephone Calls"/"Vorausbezahlte Telefongespräche" - X ZR 214/01)
Reported by Dr. Frank Peterreins

3. Federal Supreme Court on features relating to the purpose, effect or function in a product claim ("Air separator for a milk tank"/"Luftabscheider für Milchsammelanlage" - X ZR 105/04)
Reported by Dr. Frank Peterreins

Trademark Law:

4. European Court of Justice: Where protection is dependent on acquired distinctiveness it must be shown to exist in the respective language area where distinctiveness is lacking
Reported by Dr. Alexander von Mühlendahl

5. European Court of Justice: Dismissal of appeals on point of law by order as manifestly unfounded because the evaluation of the factual circumstances necessary for a finding of likelihood of confusion constitutes an issue of fact and not of law
Reported by Dr. Alexander von Mühlendahl

6. Two decisions of the Grand Board of Appeal of the Office for Harmonization in the Internal Market (OHIM): Immoral and scandalous marks (public order), protection of 3D marks and technical necessity
Reported by Dr. Alexander von Mühlendahl

7. Federal Supreme Court confirms cancellation of the German trademark registration „LOTTO“ for lottery games (I ZB 11/04)
Reported by Florian Traub

Published on
October 2006
Author
Dr. Frank Peterreins
Florian Traub