Patent Law

1. German Federal Patent Court revokes Merz’ Memantine patent (Case 3 Ni 59/05 [EU] – Memantine)
Reported by Dr. Wolfgang Bublak

2. Federal Patent Court revokes one of Pfizer’s Atorvastatin patents (Case 3 Ni 36/05 [EU] – Atorvastatin)
Reported by Dr. Wolfgang Bublak

3. District Court Duesseldorf on the requirement of the “right to sue” of a patent owner in German patent litigation (Case 4a O 235/06 – Medizinisches Modell/Medical Model)
Reported by Tilman Müller-Stoy

4. European Patent Office (Technical Board of Appeal 3.3.04): Reintroduction in opposition proceedings of a feature deleted in grant proceedings (Case T 975/03 – Hypericum Perforatum L.)
Reported by Dr. Rudolf Teschemacher

5. European Patent Office (Technical Board of Appeal 3.2.02): Late submission of a new ground for opposition – the relevance of the principles of examination ex officio and the right to be heard (Case T 798/05 – Eisenaluminidbeschichtung/ Iron aluminide coating)
Reported by Dr. Rudolf Teschemacher

Trademark Law

6. European Court of Justice – by way of preliminary ruling under Article 234 EC – on the conflict between trade names and trademarks, trademark protection for shapes and the territorial scope of an earlier well-known mark in a Member State
Reported by Dr. Alexander von Mühlendahl

7. European Court of Justice – upon appeal under Article 63 CTMR – on the absence of distinctive character in case of washing tablets and the shape of a bottle as well as on the similarity of marks
Reported by Dr. Alexander von Mühlendahl

8. German Federal Supreme Court decides that the trademark “Kinder” (“children”), protected for “chocolate”, does not establish exclusive rights on the designation “Kinder” for these or similar goods (Cases I ZR 257/00 – Kinder I, I ZR 6/05 – Kinder II and I ZR 94/04 – Kinderzeit)
Reported by Philipe Kutschke

9. German Federal Supreme Court holds that the claim for damages and information resulting from a trademark infringement are temporally not limited by the first act of infringement proven by the claimant (Case I ZR 93/04 – Windsor Estate)
Reported by Thomas Huber

Unfair Competition Law

10. German Federal Supreme Court on the protection of a recliner chair – aesthetic and technical features – under unfair competition law (Case I ZR 104/04 – Gartenliege/recliner chair)
Reported by Dr. Stefan Abel

11. Frankfurt Appeal Court: An offer of a piece of jewellery being a copy of Cartier’s famous “hanging panther” is in breach of German unfair competition law, even if the original is no longer on the market for the past ten years (Case 11 U 45/06 – Hängender Panther/Hanging Panther)
Reported by Verena Wintergerst

Design Law

12. Legal Affairs Committee of the European Parliament backs European Commission proposal to end design protection for spare car parts and other machinery components (“must-match”)
Reported by Dr. Henning Hartwig

Copyright Law

13. German Federal Supreme Court: The author’s right of distribution is infringed when reproduced copies of a copyrighted artistic work are offered in Germany, even if the sale takes place in Italy where the work is not protected by copyright (Case I ZR 114/04 – Wagen­feld-Leuchte/Wagenfeld Lamp)
Reported by Verena Wintergerst

Published on
December 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
Henning Hartwig
Attorney-at-Law, Partner
Thomas Huber
Dr. Stefan Abel
Verena Wintergerst