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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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Germany > Legal Developments > Intellectual Property > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

CJEU – The taste of a food product is not eligible for copyright protection

March 2019 - Intellectual Property. Legal Developments by GRP Rainer LLP.

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The taste of a food product is not eligible for copyright protection. That was the verdict of the Court of Justice of the European Union (CJEU) in a ruling from November 13, 2018 (Az.: C-310/17).

BGH rules on protection of a three-dimensional trademark

March 2019 - Intellectual Property. Legal Developments by GRP Rainer LLP.

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Three-dimensional signs cannot be registered as a trademark if they consist of a shape that is necessary in order to obtain a technical result.

BGH – Champagne must define the taste of a champagne sorbet

January 2019 - Intellectual Property. Legal Developments by GRP Rainer LLP.

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A champagne sorbet needs to actually taste like champagne; otherwise, this description cannot be used. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from July 19, 2018 (Az.: I ZR 268/14).

ECJ on infringements of geographical indications

October 2018 - Intellectual Property. Legal Developments by GRP Rainer LLP.

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According to a ruling of the Court of Justice of the European Union (ECJ) from 7 June 2018, an association with a protected indication is not by itself sufficient to infringe the registered geographical indication (Az.: C-44/17).

ECJ – Red shoe soles can be protected as trade marks

October 2018 - Intellectual Property. Legal Developments by GRP Rainer LLP.

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Red shoe soles can be protected as trade marks. That was the verdict of the Court of Justice of the European Union (ECJ) in a ruling from 12 June 2018 (Az.: C-163/16). They do not fall within the ambit of the prohibition on registering shapes.

New Top Level Domains – Noerr expert warns against trademark infringements

July 2012 - Intellectual Property. Legal Developments by Noerr.

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On June 13, the Internet Corporation for Assigned Names and Numbers (ICANN) published the names of those who have applied for a new top level domain the ending of which may be geographic, such as "munich", industry identification such as "insurance" and even all trademark names and company descriptions such as "canon" and "adidas".

No obligation to set up filtering systems in order to prevent copyright violations

ECJ, decision of February 16th, 2012, ref. C-360/10 – SABAM

Patent protection for DNA sequences – Part 2 – Monsanto (Europe)

Further to the Myriad decision from the United States (see part 1 of this blog), a European Court of Justice (ECJ) decision from July 2010 demonstrates another potentially significant setback to the validity and enforceability of patents directed to DNA sequences.

Patent protection for DNA sequences – Part 1 – Myriad (USA)

2010 may turn out to be a challenging year for applicants and attorneys in the field of biotech patents, especially when it comes to protecting or enforcing existing rights over your favourite stretch of DNA. Recent legal decisions on the patentability and enforceability of biotech patents have produced significant uncertainty regarding what kind of protection remains for product and method claims directed towards DNA sequences.

DOUBLE PATENTING AT THE EPO

Considering the remaining gap between the number of applications and granted patents at the European patent office (EPO)(see here), solutions are required in order to reduce burden and enhance examination efficiency for the large number of pending applications.

Recent Changes to the European Patent Convention

The administrative council of the European Patent Organisation enacted important changes to the European Patent Convention in March this year. These changes serve the pursuit of the so-called ‘raising the bar’ project of the European Patent Office. This project seeks to improve both the quality and legal certainty during the granting of a European patent. However, it cannot be overlooked that significant numbers of changes are disadvantageous for the applicant. In the future we will endeavour to provide you with recommendations in regards to how you can minimize potentially disadvantageous outcomes.

(P) notices under (reformed) German Copyright Law

Again, shortly after the last major reform of the German Copyright Act in 2003, several aspects of the law have been adopted to European legisla-tion, especially EU Directive 2004/48/EC on the Enforcement of Intellec-tual Property Rights ("Enforcement Directive"). The new law became ef-fective Sept. 1, 2008.

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