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31 Aug 2016, 3:04 am
Finally, the Fahrzeugscheibe II decision also confirms the FCJ’s long-standing case law stipulating that intermediate generalizations are in principle admissible (X ZR 107/12 Kommunikationskanal) unless it is clear from the application as filed that certain features of a working example are inseparable, with the claim having been amended so as to only contain some of them (X ZB 18/00 Drehmomentenübertragungseinrichtung). [read post]
31 Jan 2019, 4:04 am
In a previous decision on the present case (3 LiQ 1/16 (EP) published in GRUR 2017, 373), the Court granted the plaintiff the immediate use of the patented invention, and, after an appeal by the patent proprietor, the German Federal Supreme Court confirmed this decision (decision in X ZB 2/17 dated July 11th, 2017, published in GRUR 2017, 1017). [read post]
8 Nov 2010, 2:44 pm
(IP Dragon) Europe EPO – Willy Minnoye and Raimund Lutz appointed as Vice-Presidents (EPLAW) EPO prepares to roll out new Prior Art Search Disclosure Rules (Patent Docs) End of the road for Evets – ECJ cancels mark based on non-payment of renewal fees in Evets v OHIM (C-479/09 P) (Class 99) Germany BGH: if it looks the same, it must have the same quality – I ZR 145/08 (IPKat) Method of displaying image during surgery patentable, rules BGH – X ZB 9/09 (IPKat) India… [read post]
19 Nov 2013, 10:04 pm
On 18 September 2013 the German Federal Court of Justice (Bundesgerichtshof) referred the question for a preliminary ruling to the European Court of Justice (V ZB 163/12) as to whether the lis pendens-rule in Art. 27 para. 1 Brussels I Regulation does apply even if the court second seised has exclusive jurisdiction under Art. 22 of the Brussels I Regulation. [read post]
23 Dec 2022, 6:30 am
XII ZB 292/15 In 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) had to decide a similar case. [read post]
13 Mar 2018, 1:01 pm
An identical disclosure requires that the skilled person can take the claimed technical teaching „directly and unambiguously“ from the original application documents (FCJ, Judgment of 11 September 2001, X ZR 168/98 – Luftverteiler; FCJ, Judgment of 8 July 2010, Xa ZR 125/07 – Fälschungssicheres Dokument; FCJ, Judgment of 14 August 2012, X ZR 3/10 – UV-unempfindliche Druckplatte) as a possible embodiment of the invention (FCJ, Decision of 11 September 2001, X… [read post]
1 Dec 2014, 12:36 am
The ruling’s reference is I ZB 64/13 of 22 May 2014, and the acronym at stake was "ECR-Award", registered for services in classes 41. [read post]
6 Jan 2013, 10:37 am
The Registry does not seem to recognize the theory and permits registration of colours only in combinations.Rupkatha argues that the inclusive definition of trademark under Section 2(1)(zb) of the TM Act, 1999 includes unconventional marks such as single colour. [read post]
8 May 2010, 6:52 am
Reinhold Geimer on the judgment of the ECJ of 11 June 2009 (C-564/07) as well as the decisions of the German Federal Court of Justice of 5 March 2009 (IX ZB 192/07) and of 20 January 2009 (VIII ZB 47/08): ”Einige Facetten des internationalen Zustellungsrechts und anderes mehr im Rückspiegel der neueren Rechtsprechung” Nina Trunk: “Anwendbarkeit der Wanderarbeitnehmerverordnung auf die Haftungsbefreiung bei Arbeitsunfällen”… [read post]
17 May 2008, 1:02 am
Darin stellte der Bundesgerichtshof klar, dass Gebrauchmusterschutz nicht an eine geringere erfinderische Leistung anknüpfen könne, als Patentschutz (BGH Urt. v. 20.06.2006 - X ZB 27/05, GRUR 2006, 842 [845]. [read post]
7 Mar 2022, 2:25 pm
., McCarthy Holthus, LLP or ZBS Law, LLP if available will be placed in the Superior Court of the county in which the foreclosure sale took place per RCW 61.24.090. [read post]
7 Jan 2010, 9:19 pm
Therefore the question whether these decisions can be enforced under the Brussels Convention/Regulation is controversial: The Higher Regional Court of Munich has refused to confirm a contempt fine as a European Enforcement Order in a recent decision based on the argument that the judgment creditor had no legitimate interest to apply for this confirmation since under German law the responsibility for the enforcement was attributed exclusively to the State (OLG München, 3 December 2008 - 6 W… [read post]
11 Mar 2018, 5:30 pm
There were reports of the decision in the Newsroom and Newstalk ZB. [read post]
29 Nov 2016, 7:30 pm
The latest issue of the “Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)” features the following articles: U. [read post]
18 May 2010, 1:10 am
KG (IPKat) (Class 46) (Class 99) New amending Regulation on wine sector designations (Class 46) Chestnuts, olive oil gain GI protection (Class 46) Hops, fowl and cake get GI protection (Class 46) Possible protection in the European Union of four geographical indications from Colombia and Peru (IPKat) Finland Centralized IPR court one step closer (Class 46) Germany German Bundesrat passes resolution criticizing ACTA approach (Michael Geist) Bundesggerichtshof: German courts have to take… [read post]
28 Nov 2010, 2:06 pm
Jan: Patentability of an apparatus conducting a mathematical algorithm The German Approach to CII (Federal Court of Justice, BGH) Nov: A Teaching Embedded in a Technical Apparatus Exhibits "Technicality" (Federal Court of Justice Xa ZR 4/07) Oct: Patentability Issues in the Annual Report 2009 of German Federal Patents Court May: Decision Xa ZB 20/08 of Federal Court of Justice (BGH) on Software-Implemented Invention Controversially Discussed Apr: Microsoft's… [read post]
13 Jul 2009, 11:30 pm
I. [read post]
13 Sep 2009, 12:40 am
Recently, the September/October issue of the German law journal "Praxis des Internationalen Privat- und Verfahrensrechts" (IPRax) was released. [read post]
8 Jul 2011, 12:35 pm
A "trade mark" has been defined in section 2 (zb) of the Trade Marks Act, 1999 (hereafter referred to as 'the Act') as meaning :"trade mark' means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours".8. [read post]
12 Sep 2021, 3:10 am
Mr Justice Henry Carr in Takeda v Hoffmann-La Roche [2018] EWHC 2155 held that parties should at least have the opportunity to obtain a UK court judgment which may have some influence on a German infringement court because, by a decision of the Bundesgerichtshof, dated 15th April 2010, Xa ZB 10/09, Roll-Forming Machine, the Federal Supreme Court held that the German courts "are required to consider decisions rendered by organs of the European… [read post]
