Blog

Blog posts


Patent Law

Patents as a “Public Good”?

The COVID-19 pandemic has renewed calls in the public debate for government recourse to patents. Prof. Dr. Jan Busche and Lars Wasnick examine the conditions under which state intervention in exisiting patent law is possible.
Read More
Patent Law

SEPs in the supply and exploitation chain [GER ONLY]

The two authors Dr. Wolfgang Kellenter and Axel Verhauwen gave a presentation at the 19th Düsseldorfer Patentrechtstage on March 25, 2021. The topic concerned SEPs in the supply and exploitation chain. Already at the Düsseldorfer Patentrechtstage of 2018, both authors had given a related presentation on the topic "The Antitrust License Objection under FRAND Principles".
Read More
Patent Law

Highlights of recent case law of the Federal Patent Court [GER ONLY]

The case law of the Federal Patent Court, its "perennial favorites" and more recent developments are examined by Thomas Voit in a summary overview.
Read More
Copyright

Beyond the hype: NFTs, digital art and copyright

$69m for a .jpeg? That is, for a .jpeg that anyone can right click and download? Why would anyone pay that much money for… well, what, exactly? NFTs (Non-Fungible Tokens) raise many questions, not only from a technical perspective, but also with respect to copyright. Tobias Lantwin takes a closer look.
Read More
Patent Law

Process patents – paper tigers or effective protective rights?
Thoughts on “sufficient likelihood” in the sense of section 140c PatG

An Article by Dr. Stephan Neuhaus When process patents are infringed, patent owners are often faced with considerable problems of providing proof. Effective enforcement is further impeded by the strict requirements set by case law for inspection proceedings. In order not to let the protection by process patents run empty, a rethinking is necessary with regard to the requirements for "sufficient likelihood", says Stephan Neuhaus. Are process patents worth the paper? © Ingo Stiller on Unsplash.com In the field of biotechnology and the pharmaceuticals and chemicals industries in particular, innovations in manufacturing processes can trigger significant progress. An innovative manufacturing process can, for instance, significantly increase the yield of a desired drug substance in the course of production (cf. ruling by the German Federal Supreme Court (Bundesgerichtshof; BGH) dated 3 April 2012, X ZR 90/09, BeckRS 2012, 12375, margin no....
Read More
Copyright

Current Internet Law Reforms – No End to Legislative Confusion [GER ONLY]

An Article by Dr. Linn-Karen Fischer German Internet law is becoming increasingly opaque as a result of numerous reforms. For video sharing platforms in particular, the latest innovations brought about by the AVMSD add further delimitation difficulties to their catalog of obligations. An overview of the current developments is provided by Linn-Karen Fischer. (more…)
Read More
Patent Law

Novel Patent Law in China – New Patent Infringement Risks and Forum Shopping Options? [GER ONLY]

An Article by Prof. Dr. Nils Heide A new patent law will soon be in force in the People's Republic of China. Nils Heide provides an overview of the 4th amendment to the Chinese Patent Law and particularly relevant provisions. (more…)
Read More
Trademark Law

Vegan and vegetarian substitute products in the focus of trademark law
[GER ONLY]

An Article by Robin Schmitt Vegan and vegetarian substitute products are on the rise. Robin Schmitt explains gives an overview over the numerous problems that arise in trademark law when naming these products. (more…)
Read More
Patent Law

Case note: Higher Regional Court Düsseldorf – “Infusionsvorrichtung” (Decision of 08.04.2021 – 2 U 41/20)

An Article by Dr. Benjamin Pesch On the limitation of functional interpretation by cited prior art. (more…)
Read More
Unfair Competition Law

Procedural equality of arms in preliminary injunction proceedings in unfair competition law and the role of protective letters
[GER ONLY]

An Article by Dr. Elisabeth Stöve In recent months, the Federal Constitutional Court has repeatedly commented on the procedural equality of arms in preliminary injunction proceedings in unfair competition law. Elisabeth Stöve shows in which three basic constellations both parties are sufficiently involved in preliminary injunction proceedings in unfair competition law. In a fourth principle, she highlights the importance of the protective letter. (more…)
Read More
1 2