Patent Law

1. German Federal Supreme Court rules on infringement by offering after expiration of protection certificate (Case X ZR 76/05 – Simvastatin)
Reported by Dr. Frank Peterreins

2. Düsseldorf Appeal Court sets new standards on the extent of the obligation to rendering of account for acts of proven patent infringement (Case I-2 U 110/03 – Faltenbalg/Convoluted Gaiter)
Reported by Clemens Rübel

3. European Patent Office: Technical Board of Appeal clarifies the scope of patent exemption of diagnostic methods under Article 52 (4) EPC (Case T 0143/04 – Extended subject-matter)
Reported by Dr. Wolfgang Bublak

4. European Patent Office: Board of Appeal decides on how to examine applications with non-technical aspects under the EPC (Case T 1242/04 – System and method for providing product specific data in a service station)
Reported by Dr. Rudolf Teschemacher

Trademark Law:

5. European Court of Justice: National authorities must give reasons for refusing a trademark application for each of the goods or services for which registration is requested (Case C-239/05 – BVBA Management)
Reported by Dr. Alexander von Mühlendahl

6. European Court of Justice: The “concept” of a transparent dust bin for vacuum cleaners is not a “sign” and thus cannot be registered as a trademark (Case C-321/03 – Dyson Ltd.)
Reported by Dr. Alexander von Mühlendahl

7. European Court of Justice: Use of a trademark protected for automobiles and toys on toy replicas of automobiles (Case C-48/05 – Adam Opel AG v. Autec AG)
Reported by Dr. Alexander von Mühlendahl

8. European Court of Justice: Injunction is mandatory in cases of trademark infringement (Case C-316/05 – Nokia v. Wärdell)
Reported by Dr. Alexander von Mühlendahl

9. Decisions from the Court of First Instance– December 2006 to February 2007
Reported by Dr. Alexander von Mühlendahl

10. Federal Supreme Court: Deadline for any means of redress starts from the time of signature of acknowledgment of receipt (Case I ZB 39/05 – Empfangsbekenntnis/Acknowledgment of receipt)
Reported by Dr. Henning Hartwig

Domain Name Law:

11. Federal Supreme Court rules on the admissibility of domain name applications on behalf of third parties (Case I ZR 59/04 – grundke.de)
Reported by Dietrich Beier

12. Czech Arbitration Court on the transfer of domain names incorporating the known trademark “Quelle”
Reported by Dietrich Beier

Design Law:

13. Cologne Appeal Court: A product featuring characteristics which are already known can nevertheless be regarded as distinctive (Case 6 U 115/05 – Longchamp)
Reported by Dr. Stefan Abel

Unfair Competition Law:

14. Munich Appeal Court: Different shops belonging to the same group can take legal action against numerous competitors on the basis of similar activity (Case 6 W 2908/06 – Media-Markt)
Reported by Thomas Huber

Procedural Law:

15. European Enforcement Directive close to be implemented in Germany
Reported by Tilman Müller-Stoy

Published on
March 2007
Author
Rudolf Teschemacher
Senior Consultant
Henning Hartwig
Attorney-at-Law, Partner
Tilman Müller-Stoy
Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner
Dr. Frank Peterreins
Clemens Rübel
Dietrich Beier
Dr. Stefan Abel
Thomas Huber