Firm News

BARDEHLE PAGENBERG hosts annual talk on European patent law

Jochen Pagenberg elected President of the European Patent Lawyers Association

Patent Law

1. News on the Community Patent and a European and Community Patents Court – EU Competitiveness Council adopts conclusions on an enhanced patent system in Europe
Reported by Dr. Rudolf Teschemacher

2. German Federal Supreme Court refers questions on the interpretation of the Biotech Directive to the ECJ (decision of November 11, 2009 – Case Xa ZR 58/07 – Brüstle v Greenpeace)
Reported by Dr. Thomas Friede

3. European Patent Office (Enlarged Board of Appeal) tackles its backlog of pending referrals – oral proceedings held in three cases within two weeks in November 2009 (Case G 2/08 – Dosage regimen/KOS, Case G 1/07 – Treatment by surgery/MEDI-PHYSICS and Case G 2/08 – Language of the Proceedings/MERIAL)
Reported by Dr. Rudolf Teschemacher

4. European Patent Office (Board of Appeal 3.5.01) confirms case law on Graphical User Interfaces and rejects the more liberal views expressed by a different Board (Decision of April 1, 2009 – Case T 1143/06 – Data selection system)
Reported by Johannes Lang

5. Dusseldorf Appeal Court on staying of infringement proceedings in view of declaratory judgment proceedings for non-infringement before an Italian court (decision of July 20, 2009 – Case I-2 W 35/09 – Italienischer Torpedo/Italian Torpedo)
Reported by Stefan Bianchin

Trademark Law

6. European Court of Justice: Two new references for preliminary rulings by the Court of Appeal for England and Wales (Case C-482/09 – Budweiser and Case C-495/09 – Nokia)
Reported by Dr. Alexander von Mühlendahl, LL.M.

7. European Court of Justice: Exhaustion of trademark rights (decision of October 15, 2009 – Case C-324/08 – Makro v Diesel)
Reported by Dr. Alexander von Mühlendahl, LL.M.

8. German Federal Supreme Court: Differences between manufacturers’ brands and private labels under German passing-off law (Decision of April 2, 2009 – Case I ZR 144/06 – Knoblauchwürste/Garlic Sausages)
Reported by Dr. Henning Hartwig

9. German Federal Supreme Court on a trademark dispute between FIFA and Ferrero concerning football World Cup trademarks (decision of November 12, 2009 – I ZR 183/07 – WM-Marken)
Reported by Philipe Kutschke

Domain Name Law

10. German Federal Supreme Court on whether a domain name may enjoy protection as a title of work (decision of May 14, 2009 – I ZR 231/06 – Airdsl)
Reported by Verena Wintergerst, LL.M.

11. German Federal Supreme Court on whether the lessor of a domain name is liable for statements to be found on the lessee’s website (decision of June 30, 2009 – VI ZR 210/08 – Focus Online)
Reported by Pascal Böhner

Design Law

12. OHIM (Board of Appeal) invalidates Community design for being solely dictated by its technical function (decision of October 22, 2009 – R 690/2007-3 – Chaff cutters)
Reported by Dr. Henning Hartwig

Plant Variety Law

13. German Federal Supreme Court: First decision on the scope of protection of a Community plant variety right (decision of April 23, 2009 – Xa ZR 14/07 – Lemon Symphony)
Reported by Thomas Huber

Law on Employee Inventions

14. Amendments to the German Act of Employee Inventions
Reported by Birte Köhn-Gerdes

Published on
December 2009
Author
Rudolf Teschemacher
Senior Consultant
Johannes Lang
German and European Patent Attorney, Co-Managing Partner
Henning Hartwig
Attorney-at-Law, Partner
Philipe Kutschke
Attorney-at-Law, Certified IP Lawyer, Commercial Mediator (MuCDR), Partner
Pascal Böhner
Attorney-at-Law, Certified IP Lawyer, Partner
Dr. Thomas Friede
Stefan Bianchin
Verena Wintergerst, LL.M.
Thomas Huber
Birte Köhn-Gerdes