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知识产权新闻 于
专利诉讼, 异议和无效性, 专利申请, 知识产权报告
Act on the Ratification of the Agreement on a Unified Patent Court promulgated after unsuccessful constitutional complaints regarding UPC (German Federal Constitutional Court, order dated June 23, 2021 – docket nos. 2 BvR 2216/20 and 2217/20 –)

The German Federal Constitutional Court (FCC) rejected the requests for a preliminary injunction,…

知识产权新闻 于
专利诉讼, 许可与技术转让, 反垄断法, 知识产权报告
Unreasonable counter-offer in FRAND negotiations – Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19

The Mannheim District Court applies decisions “FRAND-Einwand” and “FRAND-Einwand II” of the German…

知识产权新闻 于
专利诉讼, 异议和无效性, 商业机密, 知识产权报告
The German parliament adopts government bill for a Second Act concerning the Simplification and Modernization of German Patent Law

The German parliament adopted the version of the government bill for a Second Act concerning the…

知识产权新闻 于
专利诉讼, 许可与技术转让, 反垄断法, 知识产权报告
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20

The Düsseldorf District Court follows the guidelines of the German Federal Court of Justice (FCJ)…

知识产权新闻 于
专利诉讼, 许可与技术转让, 反垄断法, 知识产权报告
FRAND-Einwand II: German Federal Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17

With its new decision FRAND-Einwand II, the German Federal Court of Justice did not only confirm its…

知识产权新闻 于
专利诉讼, 异议和无效性, 知识产权报告
The first year with the new Rules of Procedure of the Boards of Appeal RPBA 2020 – An overview and recommendations

This IP Report takes a look at the application of amended Art. 13(1) and (2) RPBA 2020 in these…

知识产权新闻 于
专利申请, 商标, 外观设计, 知识产权报告
Brexit: Address for service in proceedings before the IP Office of the United Kingdom

In proceedings before the IP Office of the United Kingdom (UKIPO), representation by a lawyer or…

知识产权新闻 于
异议和无效性, 专利申请
User survey on the amendment of the Rules of Procedure of the Boards of Appeal by adding a new Article 15a (oral hearing as a video conference)

May oral proceedings before courts be held as pure video conferences, even in times outside of a…

知识产权新闻 于
专利诉讼, 异议和无效性, 知识产权报告
Regarding claims for provision of information and rendering of accounts regarding deliveries abroad – the decision passed by the Higher Regional Court of Duesseldorf, docket no. I-2 U 25/19

According to a judgment by the Higher Regional Court of Duesseldorf dated August 13, 2020, a…

知识产权新闻 于
商标, 外观设计, 知识产权报告
Brexit and Trademarks and Designs

Starting with a summary of the provisions in the Withdrawal Agreement, we will present a more…

知识产权新闻 于
专利申请, 化学、制药和生命科学, 知识产权报告
Regarding the patentability of plants and animals in Europe – the G 3/19 decision (“Pepper”) of the European Patent Office

European patents on plants, plant material or animals exclusively obtained by means of an…

知识产权新闻 于
专利诉讼, 异议和无效性, 专利申请, 知识产权报告
The ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) – is the UPCA ready to enter into force?

The history of the Unitary Patent and the Unified Patent Court project has been full of surprises…

知识产权新闻 于
专利诉讼, 反垄断法, 知识产权报告
FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17

By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court…

知识产权新闻 于
专利诉讼, 商标, 外观设计, 知识产权报告
Procedural right to equality of arms and hearing respondents in preliminary injunction proceedings – German Federal Constitutional Court, decision dated June 3, 2020, case no. 1 BvR 1246/20

With its decision dated June 3, 2020, the German Federal Constitutional Court (FCC) confirms and…

知识产权新闻 于
商标
Reform of the German Trademark Act transposing Trademark Directive (EU) 2015/2436: Significant amendments and new possibilities

The Modernization Act came into effect in two steps:  The first part became effective on January 14,…

知识产权新闻 于
专利诉讼, 异议和无效性, 专利申请, 知识产权报告
The German Act on the Ratification of the UPCA null and void – Just an operational accident or an incurable disease?

The Act has been declared null and void because it had not been approved by the two-thirds majority…

知识产权新闻 于
专利诉讼, 许可与技术转让, 专利申请
Obligations of SEP holders and SEP users (Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16)

The decision relates to the specification of various criteria regarding the enforcement of…

知识产权新闻 于
专利申请, 反垄断法
CJEU on the assessment in terms of antitrust law of pay-for-delay agreements between the holder of pharmaceutical patents and the manufacturers of generic medicines – Generics (GB), GSK et al. vs. Competition and Markets Authority

The decision has many facets and includes important statements regarding the general question of the…