Patent Law

1. German Federal Supreme Court on the interpretation of the scope of protection of a patent by the infringement court if the patent was limited in parallel nullity proceedings (Case X ZR 72/05 – Ziehmaschinenzugeinheit/Traction unit for a drawing machine)
Reported by Tilman Müller-Stoy

2. Düsseldorf Appeal Court: On the requirement of “urgency” and the scope of “presumption of validity” in preliminary injunction procedures for patent infringement (Case 2 U 98/06 – Schaltmechanismus/Switch mechanism)
Reported by Tilman Müller-Stoy

3. European Patent Office: Legal Board of Appeal decides on loss of application as a result of not appointing an authorized representative for entering the regional phase of a PCT application (Case J 01/04 of December 20, 2006)
Reported by Dr. Rudolf Teschemacher

4. Costs for translations of European patents for validation in the designated States: New government in France starts process for ratifying the London Agreement
Reported by Dr. Rudolf Teschemacher

Trademark Law

5. German Federal Supreme Court sets standards for confirming infringement of the 3D trademark representing Ferrero’s famous “Rocher” praline (Case I ZR 22/04 – Pralinenform/Praline shape)
Reported by Thomas Huber

6. Hamburg Appeal Court: A domain name comprising a company name and the indication “blog.de”, which is used by a third person without the company’s authorization, infringes the right to a name of said company as set forth in Section 12 Civil Code (Case 3 W 110/07 – blog.de)
Reported by Verena Wintergerst

Unfair Competition Law

7. German Federal Supreme Court on the protection of handbag design by unfair competition law (Case I ZR 198/04, I ZR 199/04 and I ZR 200/04 – Handtaschen/Handbags)
Reported by Dr. Stefan Abel

8. German Federal Supreme Court decides that consumers are entitled to a claim for information from the telephone company when receiving unsolicited SMS advertising (Case I ZR 191/04 – SMS- Werbung/SMS advertising)
Reported by Philipe Kutschke

Design Law

9. Accession of the European Community to the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs
Reported by Thomas Huber

Copyright Law

10. Germany: Legislators accept Government’s proposed further amendments to the Copyright Act for the Information Society
Reported by Verena Wintergerst

Published on
October 2007
Author
Tilman Müller-Stoy
Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner
Rudolf Teschemacher
Senior Consultant
Philipe Kutschke
Attorney-at-Law, Certified IP Lawyer, Commercial Mediator (MuCDR), Partner
Thomas Huber
Verena Wintergerst
Dr. Stefan Abel