Newsletter for Clients
We inform you in our newsletter issued by all our offices about current topics especially in the field of intellectual property. You are invited to download our current and archived issues free of charge as PDF.
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Current Newsletter November 2018  |
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| News Impact of Brexit on Union trademarks and EU designs Intellectual Property Düsseldorf Higher Regional Court strengthens prior use right defence in patent infringement cases An (un-)digestible decision? Commentary on the decision of the German Federal Court of Justice (FCJ) of May 17, 2018, I ZR 252/16 - Bekömmliches Bier ("Digestible Beer") Abusive (malicious) trademark application? Frankfurt Higher Regional Court: First Published German Court Decision on the Erasure of Personal Data Illegal exploitation of trade secrets by employees who have left the company No exhaustion of trademark rights for luxury goods in case of presentation in inadequate environment Right to be heard in injunction proceedings Recent developments in FRAND jurisprudence |
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| Newsletter August 2018 |
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| News Preu Bohlig & Partner has appointed Dr. Torben Düsing as Partner Intellectual Property Damages for an unjustified warning of infringement of intellectual property rights Can FRAND-Actions be made up for in the Course of Court Proceedings (Regional Court of Mannheim "Funkstation")? New focus on suspension in patent infringement proceedings? The German Government's draft legislation implementing the Know-How Directive has been published WTO upholds Australia's plain packaging laws Pharmaceutical and Medical Device Law Preu Bohlig & Partner successful before the ECJ: Judgment of 14 March 2018, Case C-557/16 |
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| Newsletter April 2018 |
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| News Matthias Hülsewig joins Patent Law Division in Düsseldorf Intellectual Property -Know-How Transfer When Employees Change Jobs -Countdown to GDPR implementation is almost over -New Developments regarding the Economically Relevant Domestic Nexus as it pertains to the Use of a Trademark Abroad - Comments on the judgement of the German Federal Court of Justice of 9 November 2017 I ZR 164/16 "Parfümmarken" - Conditions for pleading exhausted rights in cases where a trademark owner has not consented to its use - German Federal Court of Justice offers distinction: Cease and desist claims generally do not include a recall obligation in preliminary injunction proceedings Pharmaceutical and Medical Device Law General Court Upholds EMA's Transparency Policy |
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| Newsletter December 2017 |
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| News - Unified Patent Court Agreement (UPCA) advancing by the inch - The German Federal Court of Justice approves accession to opposition proceedings even after a motion for preliminary injunction has been filed Intellectual Property - EU-wide competence and applicable law for multi-territorial property right infringements - ECJ "Nintendo / BigBen" - Another decision of the OLG Düsseldorf regarding the FRAND objection - Regarding the Requirements for an "Offer to sell" under Patent Law and Conclusion drawn from the final product about the content of an offer - Possibility of change not enough for patent infringement: The Regional Court of Mannheim has issued a clarifying decision on the BGH shunting trolley case - The difference between "distinctive trademark" and "independent distinctive role" for the assessment of serious trademark use |
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| Newsletter August 2017 |
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| News Preu Bohlig operating with new team in Hamburg since 01. July 2017 Intellectual Property "Punitive damages" under industrial property law? Be Prepared: The GDPR will change how companies handle customer data New Employee Invention Regulation in Japan after 2016 Amendments Comments on the German Law on Employee Inventions Brexit: What is the "Great Repeal Bill" and how will it work? Pharmaceutical and Medical Device Law The right to injunctive relief includes an obligation to recall products, including in preliminary injunction proceedings Awards Current lectures and seminars |
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| Newsletter January 2017 |
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| News Preu Bohlig & Partner Continues to expand its IP Department in Dusseldorf with the Addition of Dr. Torben Düsing Intellectual Property Unified Patent Court Expected Surprisingly Set to Open Patent Law: FRAND still a Current Topic New Rules for Revocation Proceedings: Take Care when Presenting Alternative Motions Liability for Password-Protected WLANs? Trademark Law: Sparkassen Group Red New Disclosure Requirements, New Litigation Risks Awards Leaders League: Patent Litigation FOCUS Spezial Leaders League: Trademark Litigation Events and Seminars First Preu Breakfast in Dusseldorf Current Lectures and Seminars |
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| Newsletter April 2016 |
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| News Preu Bohlig & Partner now open in Paris Düsseldorf Office: New IP team and new office Location New: "Patent Guide" on website Intellectual Property A reasonable interpretation of the patent Claim The managing director's personal liability for infringements of intellectual property rights by the company - "Fiberglass II" vs. "Liability of Managing Directors" Patent law: FRAND - and no land in sight Greater clarity in actions for nullity Burden of proof in cancellation proceedings before the ordinary courts pursuant to Sec. 55 Trademark Act (MarkenG) New EU trademark regulation taking effect No friends on Facebook Pharmaceutical and Medical Device Law Medical apps may be medical products Press and Media Law Liability for hyperlinks in competition law and liability for third party statements on the Internet - Summary and overview:BGH I ZR 74/14 and BGH VI ZR 93/10 Awards Preu Bohlig & Partner listed in "LMG Life Sciences 2015" Events and Seminars AIPLA Annual Meeting 2015 - Washington D.C. 8th Global IP Convention 2016 - New Delhi, India Current lectures and seminars |
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| Newsletter December 2015 - Special Edition |
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| Current Case Law in Intellectual Property 1. Contributory patent infringement – the “non-essential” element in the claim 2. The involvement of multiple infringers – the endless story 3. Principals, interferers and duties of care under competition law – a complex triad 4. It’s all clear now: Only limited examination of clarity of patent claims in opposition proceedings – Decision G 3/14 of the Enlarged Board of Appeal 5. Vegetables II – The Rulings of the Enlarged Board of Appeal in G 2/13 – Broccoli II and G 2/12 – Tomatoes II Guest article by Sonderhoff & Einsel 6. The Golden Apple – Licence Analogy in Japan |
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| Newsletter October 2015 |
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| News 1. Preu Bohlig & Partner to open an office in Paris in 2016 Intellectual Property 2. Preu Bohlig welcomes details of the European patent litigation certificate (EPLC) - New system to start early 2017 3. ECJ decides on a FRAND referral 4. EU Commission initiates antitrust investigations 5. Costs for final letters 6. News on the Hague Convention on Choice of Court Agreements 7. Damages in the event of an unjustified preliminary injunction Press and Entertainment Law 8. Publication of photos showing regular people together with celebrities Tax Service 9. Rules for electronic accounting and invoicing since 2015 Rankings 10. FOCUS Spezial Magazine: Preu Bohlig & Partner is once again “Top Business Law Firm of 2015” 11. Preu Bohlig & Partner excels in “IAM Patent 1000 2015” and “IAM Strategy 300 2015” rankings Events and Seminars 12. World IP Forum 2015 - Bangkok, Thailand 13. Preu breakfast on the inspection procedure 14. Current lectures and seminars |
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| Newsletter June 2015 |
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| Intellectual Property 1. Unitary Patent and Unified Patent Court: Costs and Timetable 2. Reform of the Unfair Competition Act (Germany) 3. SWATCH cannot be confused with SWATCHBALL 4. Federal Court of Justice: Decision to refer a case involving silicone breast implants to the European Court of Justice 5. The appropriateness of package sizes for drugs 6. Announcing a Special Edition of our Newsletter Press and Media Law 7. Don’t hate! – ECHR holds Internet news sites accountable Rankings 8. Managing Intellectual Property lists Preu Bohlig & Partner in “IP Stars” 9. “Chambers Europe 2015” lists Preu Bohlig & Partner in the areas of Patent Litigation and Life Sciences Events and Seminars 10. Preu Breakfast looks at the Hague Design Agreement 11. Preu Bohlig & Partner at the INTA in San Diego 12. Preu Bohlig & Partner at the ECTA 2015 – Reception in the Hanse-Lounge 13. Current lectures and seminars |
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| Newsletter February 2015 |
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| Intellectual Property 1. Does the exhibition of a product at a trade fair constitute an infringing act? 2. How far does the protection of a famous trademark extend? 3. Revocation of a Right of Termination in Simple Licensing Agreements 4. German Federal Court of Justice: Duty to supplement outdated press reports based on suspicion 5. IT System Operators Face New Requirements – The IT Security Act is Coming News 6. Preu Bohlig & Partner once again strengthens its position in press and media law at the Hamburg location 7. Preu Bohlig & Partner welcomes Prof Dr Theo Bodewig as Of Counsel 8. New edition of the standard work „Ergänzende Schutzzertifikate / Supplementary Protection Certificates“ 9. “kanzleimonitor.de” study: Preu Bohlig & Partner hold top places in patent law Lectures and Seminars 10. Exploring Patent Law with the Japanese Law Firm of Sonderhoff & Einsel 11. 2015 World IP Forum – New Delhi, India 12. Current lectures and seminars |
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| Newsletter October 2014 |
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| Intellectual Property 1. The German Federal Court of Justice’s decision on “Managing director’s Liability”: War of the Dogmas over “standing to be sued” and “liability” 2. The German Federal Court of Justice’s “nickel-free” decision of 10 April 2014, Case No. I ZR 43/13, defining a “concrete competitive relationship” when dissimilar goods or services are being offered 3. Brief comment on case No. X ZR 61/13, decided by the German Federal Court of justice on 16 September 2014 – Brief Comments 4. Unitary Patent: Opt out or stay in? 5. NRV’s IP rights protection policy does not cover nullity proceedings 6. Registration in bad faith of a “historic” trademark? Awards 7. “FOCUS Spezial“ Magazine: Preu Bohlig & Partner is “Top Business Law Firm of 2014“ 8. Preu Bohlig & Partner listed as „IP Stars“ by Managing Intellectual Property Lectures and Seminars 9. Seminar on the Unitary Patent and the Unified Patent Court in Montreal and Toronto 10. Upcoming event to be presented jointly with the law firm of Sonderhoff & Einsel: Current patent law developments in Japan, China and Germany – an update 11. Current lectures and seminars |
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| Newsletter June 2014 |
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| News 1. Munich office expands the IP team 2. Hamburg office moves to new location Intellectual Property 3. “Collagenase I and II” (GRUR 2014, 461 + 462) and “Colour delivery system” - Pharmaceutical applications and expertise in the case of inventive steps 4. Discussion regarding the remuneration for assistance by patent attorneys before the Unified Patent Court 5. The new block exemption regulation on technology transfer agreements 6. Handbook of “Pharmaceutical Law” published 7. Very often less is more – when for example waiving protection in the case of equivalence 8. OTTO – New findings on the similarity between goods and services 9. “Urgency in the case of infringements in foreign countries” 10. Preu Bohlig & Partner in the Rankings of the ‘IAM Strategy 300 2014’ and ‘IAM Patent 1000 2014’ 11.Forgotten by the Internet - The ECJ in the Google and Google Spain case 12.Extensive changes in distance selling regulations 13. Preu Bohlig & Partner listed by Best Lawyers 2014 14. Business Breakfast with law firm Alérion Events 15. Current lectures and seminars |
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| Newsletter March 2014 |
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| Intellectual Property 1. JUVE Awards 2013: Preu Bohlig & Partner is the “Law Firm of the Year for Patent Law“ 2. Do not research twice – BGH GRUR 2013, 1272 – Foot Treadle Unit 3. The latest on positional marks 4. BGH lowers requirements for copyright protection for works of the applied arts 5. Study “kanzleimonitor.de”: Preu Bohlig & Partner in first place in Patent Law and IP 6. Advertisement for pharmaceuticals in form of Google AdWords ads and mandatory information in the internet 7. Defend your good reputation! 8. Magazine FOCUS Spezial: Preu Bohlig & Partner is “Top Business Law Firm of 2013” Events 9. Current Events in our offices 10. Current lectures and Seminars |
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| Newsletter October 2013 |
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| News 1. "Preu-App" for the Patent Inspection Procedure 2. Albrecht Lutterbeck appointed as partner 3. Nomination for the JUVE Awards 2013 - IP law firm of the year Intellectual Property 4. The division of jurisdiction between the national patent court and the Unified Patent Court in the transitional period after the Unified Patent Court Agreement has come into force 5. Preu Bohlig & Partner Website: webpage about the Unitary Patent and Patent Court is online 6. Even without patent infringement, trade secrets are at risk 7. Round of conferences in Japan on the European Unified Patent and German Patent Law 8. More stringent rules on debt collection, telemarketing and warning letters - German parliament adopts law against improper business practices Commercial Law 9. New cancellation right in online retailing from June 2014 10. Registered partnership with limited professional liability 11. English personal insolvency faces opposition 12. The recoverability of guarantee commission for a judicial bond |
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| Newsletter June 2013 |
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| Intellectual Property 1. German Federal Court of Justice (BGH): the assignment of the right to claim priority is not governed by the formal requirements of EPC Article 72 2. Preu Bohlig & Partner listed in Best Lawyers 2013 3. An Apple again - but this time Motorola 4. Vulnerability to cancellation due to an earlier trade mark 5. Preu Bohlig & Partner listed in IAM Patent 1000 and IAM Strategy 300 6. BGH X ZR 70/12 – “Wundverband” – The German Federal Court of Justice (BGH) develops its case law on the procedural relationship between patent holder and exclusive licensee 7. Technical protective measures and maintenance agreements for software under CJEU UsedSoft case law 8. Advertising with test results: Points to bear in mind and changes coming into effect on 1 July 2013 9. The trade fair service offered by the Regional Court of Braunschweig Commercial Law (Competition Law) 10. Act Amending Accounting Law for Micro-Corporations (MicroBilG) |
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| Newsletter February 2013 |
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| NEWS 1. Overhauling Europe's patent law and patent court system Intellectual Property 2. On the amount of the infringer's profits under commercial intellectual property law taking account of the "causality proportion" 3. Preu Bohlig & Partner receives Country Award 2012 4. New lecture on the DPMA examiners 5. An address must be shown in product advertising 6. Federal Court of Justice: refundability of the costs of the participating attorney at law in nullity proceedings 7. Federal Court of Justice prohibits the "self-importation model" Commercial Law: Special topic Antitrust Law 8. From the sat finder to the cathode ray tube - Not only large companies are threatened by cartel fines 9. The case law of the BGH's "Orange Book" is put to the test |
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| Newsletter October 2012 |
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| NEWS 1. Hamburg office: Preu Bohlig & Partner increases its strength in media law and IP/IT 2. Mexico City plays host to international seminar on opposition proceedings Intellectual Property 3. Intermediate generalisations handled differently by the BGH and the EPO - Cherry-picking still admissible in Germany 4. New edition of "Patentrechtskommentar" published 5. Sub-licence remains in place on cessation of the primary licence 6. Preu Bohlig & Partner named "Trademark Law Firm of the Year in Germany 2012" 7. No work - just a licence 8. New question of interpretation regarding international jurisdiction from the German Federal Court of Justice (ECJ) - "Hi Hotel" (GRUR 2012, 1069) 9. Preu Bohlig & Partner receives "Leading Lawyer Award" 10. Software - UsedSoft-Decision by the ECJ Commercial Law 11. The "Third Way" and the legal limits to increased flexibility of the employment law of the Catholic Church |
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| Newsletter June 2012 |
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| NEWS 1. Attorney-at-law Albrecht Lutterbeck moved to the Düsseldorf office on 1 April 2012 Intellectual Property 2. "da mihi factum dabo tibi ius" - Another paper by the BGH on the definition of the subject in dispute 3. 7th edition of the reference work "Europäisches und Internationales Patentrecht" published 4. Further limitations of competition in licensing agreements brought before arbitration tribunals? 5. Social Media Guidelines 6. New edition of "Kommentar zum Markenrecht" 7. The principle of territoriality on the one hand, competition regulations on the other 8. Preu Bohlig & Partner honoured at the DealMakers Country Awards 2012 9. Continuing excitement over Formula 1 Commercial Law 10. The "button" solution - stricter rules for web shop operators |
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| Newsletter February 2012 |
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| NEWS 1. Lecture to the Association Française des Spécialistes en Propriété Industrielle de l´Industrie (ASPI – French Association of IP Specialists in Industry) 2. Preu Bohlig & Partner announces three new partners Intellectual Property 3. Feature: Disclosure and inventive step – The case law of the Federal Court of Justice since 2009 with cross-reference to European practice 4. Obligation to provide publication information in accordance with Section 5 of the German Telemedia Act also applies to users of “social media” such as Facebook 5. Contribution by Peter von Czettritz on paediatric extension of duration in the new reference work “Ergänzende Schutzzertifikate / Supplementary Protection Certificates” 6. The FCJ affirms the liability of Admin-C subject to certain prerequisites 7. EU patent update 8. Astrid Gérard receives Award „Trademark Lawyer of the Year in Germany 2011 “ by Corporate INTL 9. AdWords advertisements and the provisions of Section 4 of the German Medicinal Products Advertising Act 10. The new generic top-level domains (gTLD) |
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| Newsletter October 2011 |
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| NEWS: 1. New location for the Düsseldorf office Intellectual Property:2. No-fuss arbitration proceedings – can also be used in intellectual property right infringement cases 3. Ongoing development of inspection proceedings in theory and practice 4. Revocation of a trade mark after development into a customary designation 5. Changes to the case law regarding rights of use contracts under copyright law 6. Licensing, up to exhaustion 7. New aspects of a core theory? Commercial Law: 8. The voting rights of a director and majority shareholder in the general meeting of a limited liability company (GmbH) . |
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| Newsletter June 2011 |
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| NEWS: 1. Attorney at Law Jürgen Schneider is appointed Chairman of the Munich Swiss-German Business Club (SDW) Intellectual Property: 2. Occluder – (Not) A text-book case of patent infringement 3. Google Books settlement rejected by the court 4. Preu Bohlig & Partner wins Managing Intellectual Property Global Award 2011 Commercial Law: 5. Innovations in VAT law |
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| Newsletter February 2011 |
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| NEWS: 1. Preu Bohlig & Partner strengthens its arbitration practice with London School of Economics lecturer Dr Jan Kleinheisterkamp Intellectual Property: 2. The EU patent is making progress 3. News on the seizure of counterfeit products in transit 4. Dr Peter Kather receives Porsche Award in the "Patent Litigation" category Commercial Law:5. Authority imposes a EUR 140,000 fine for the unauthorised storage of health data 6. Incoterms® 2010 |
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| Newsletter October 2010 |
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| NEWS: 1. Dr. Christian Breuer from teclegal Rechtsanwälte has joined Preu Bohlig & Partner Intellectual Property: 2. ECJ C-428/08 - Monsanto: A Roundup of absolute product protection? 3. Competition law in Germany - measures to strengthen e-tailing 4. Consumer Protection Association – flood of legal letters of warning 5. Lego Bricks 6. Reimbursement of patent attorney costs incurred by legal letters of warning 7. Preu Bohlig & Partner excels at the ACQ Law Awards 2010 Commercial Law: 8. Federal labour court: Employment contracts for third-party managers are subject to GTCB controls 9. "Who dares wins..." 10. Interest on income tax rebates is not subject to tax |
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| Newsletter June 2010 |
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| NEWS: 1. Preu Bohlig & Partner Berlin has merged with the Berlin office of Spitzweg Partners Intellectual Property: 2. The Federal High Court changes its ruling on the treatment of injunctive reliefs in connection with infringement of industrial property rights in insolvency 3. Competition law project at EU level 4. European Court of Justice considers the German regulation banning the coupling of sweepstakes to be too far-reaching 5. "Leaping poodle" decision by the Hamburg Higher Regional Court 6. WARNING: Fraudulent demands for payment following trade mark publication 7. JUVE Verlag has judged Preu Bohlig & Partner to be a top employer in patent law Commercial Law: 8. Effects of the German Act to Modernise Accounting Law 9. New regulations on the transfer of profits in the German Act to Modernise Accounting Law |
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| Newsletter February 2010 |
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| Intellectual Property: 1. A further step towards an EU Patent and a unified European Patent Court system - Council agrees on basic guidelines 2. Copyright - an end to the buy-out? 3. Judgement of the European Court of Justice of 06.10.2009 on the trade mark "PAGO" ? Google-Books settlement nears conclusion 4. The use of a trade mark in such a way as to preserve the rights, and evidence thereof 5. European Court of Justice decision on information database Commercial Law: 6. Information on the Commercial Register, Company Register and Federal Gazette 7. From 1.1.2010 annual accounts must be submitted electronically |
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| Newsletter October 2009 |
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| Intellectual Property: 1. BGH decision "Tripp-Trapp-Stuhl" – calculating the infringer´s profit, 2. Patent Law Modernisation Act came into effect on 1 October 2009 - changes to patent revocation proceedings 3. Trade Mark Trolls shut down, 4. Unauthorised demands for payment in connection with patent and trade mark applications and renewals, 5. Preu Bohlig & Partner nominated for 3 Awards Commercial Law: 6. German Supreme Court greatly restricts admissibility of post-contractual non-compete obligation, 7. Losses can be used when shareholder changes and further topics |
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| Newsletter June 2009 |
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| Intellectual Property: 1. Lecture Series in Japan, 2. ICANN to assign new top-level domains, 3. The Bundestag resolves to modernise the patent laws, especially the law relating to employee inventions, 4. German Federal Supreme Court decision on compulsory licence objections in patent infringement proceedings, 5. Dr. Peter Kather chosen as "IP Lawyer of the Year" Commercial Law: 6. Use of invalid General Terms and Conditions (GTCs) as wrongful commercial act under new Unfair Competition Act, 7. Good Faith in Intra-Community Supply, 8. Legal aspects of SaaS (Software as a Service) and further topics |
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