Klunker (Staging)

Many industrial companies collaborate with specialized engineering companies when they want to improve their products with the help of new technologies. They then want to be able to patent the results of these development projects. The prerequisite for this is that they contractually secure the necessary rights. It is important to bear in mind that […]

The European Community trade mark, which offers uniform trade mark protection in the EU, has been in existence since 1994. In 2009, the legislator commissioned an analysis of the existing system from the Max Planck Institute in order to improve efficiency and legal certainty. Based on comprehensive user surveys, this resulted in Regulation EU 2015/2424,

According to a fundamental principle enshrined in the Swiss constitution, all people are equal before the law. Accordingly, comparable cases should also be decided by the judiciary in a comparable manner. In a recent case, the Swiss Federal Administrative Court decided to enter a trademark in the register despite its lack of distinctive character –

In principle, the company that manufactured or distributed the infringing products is liable for damages resulting from a patent infringement. Under German law, however, the CEO can also be held liable. This can be very unpleasant, especially if the company becomes insolvent. In a new decision, the BGH has ruled that it does not intend

It is the Trademarks that give a product or service its individuality – a “face”. It sets the product apart from others at first glance and is therefore a central element in marketing. As awareness and appreciation grow, the value of the Trademarks increases and sales of the product gain momentum. This attracts free riders

The shape mark can be used to monopolize the shape of a product, provided that the public perceives the shape as a trademark, i.e. as a reference to a specific company, and not just as a possible product shape within the framework of the usual product designs. What distance must competitors maintain from the protected

An Application may only relate to one invention. This is a regulatory provision that serves only organizational, documentary, procedural and budgetary purposes. It has no effect on the protection that can be obtained. According to the established jurisprudence of the European Patent Office, the examination of unity should therefore not be carried out too narrowly.

In principle, patent law only covers acts that take place within the country in which the patent is granted. However, it cannot be ruled out that certain extra-territorial acts that are directly connected to a domestic patent infringement may also lead to liability. Is the patent infringer also obliged to compensate the damage resulting from

Safeguarding the right to be heard is a central principle in official and judicial proceedings. A decision may not be based on grounds on which the party negatively affected by the decision was unable to comment. In the review proceedings R 0016/13 “crystalline micronisate”, the Enlarged Board of Appeal revised a decision of the Board

When determining the scope of protection, it is not sufficient to determine the lexical meaning of the claim wording. What matters is the technical meaning of the feature in the context of the solution according to the invention. This is a generally recognized principle of German jurisprudence. How is this principle applied if the claim