Patent Law

1. German Federal Supreme Court allows intermediate generalisation in amendments of a patent application (Case X ZR 226/02 – Sammelhefter II/Stappler II)
Reported by Dr. Hans Wegner

2. European Patent Office (Technical Board of Appeal 3.5.01) considers software for simulation of circuit behaviour to be patentable subject matter (Case T 1227/05 – Computer-implemented method for the simulation of circuit behaviour)
Reported by Dr. Hans Wegner

3. Düsseldorf Appeal Court broadens responsibility of forwarding agents for the handling of goods, increasing requirements to verify compliance with German patent law (Case I-2 U 51/06 – Störerhaftung des Spediteurs/Liability of an international forwarding agent)
Reported by Thomas Schachl

4. London Agreement enters into force on May 1, 2008
Reported by Johannes Lang

Trademark Law

5. European Court of Justice gives ruling in the “Parmesan” case (Case C-132/05 – European Commission v. Germany)
Reported by Peter J.A. Munzinger

6. German Federal Supreme Court decides on the relation of Community trademark rights to company name claims (Case I ZR 33/05 – THE HOME STORE)
Reported by Dietrich Beier

7. German Federal Supreme Court on acquiescence in parallel import matters (Case I ZR 147/04 – Aspirin II)
Reported by Dr. Stefan Abel

8. German Federal Supreme Court holds that the transit of goods, bearing an identical sign, through the territory of a Member State in which the mark enjoys protection does not per se infringe the holder’s rights on the trademark (Cases I ZR 246/02 – DIESEL II and I ZR 66/04 – Durchfuhr von Originalwaren /Transit of Genuine Goods).
Reported by Philipe Kutschke

Design Law

9. Office for Harmonization in the Internal Market: Invalidity Division declares Community design protecting the design of the “Crocs” clog invalid (Case ICD 0000003010 – Holey Soles Holdings Ltd. v Crocs, Inc.)
Reported by Dr. Henning Hartwig

Domain Law

10. ICANN approves the Czech Arbitration Court as a new UDRP provider
Reported by Dietrich Beier

Published on
March 2008
Author
Hans Wegner
German and European Patent Attorney, Partner
Johannes Lang
German and European Patent Attorney, Co-Managing Partner
Philipe Kutschke
Attorney-at-Law, Certified IP Lawyer, Commercial Mediator (MuCDR), Partner
Henning Hartwig
Attorney-at-Law, Partner
Thomas Schachl
Dietrich Beier
Dr. Stefan Abel