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  • Article

    German Supreme Court Issues Landmark Ruling On Unfair Trading Practices

    Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union's, Article 102 AEUV, which prohibits the abuse of a dominant position.
    GermanyAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    New Anti-Discrimination Act (ADA) in Germany

    Germany will have a new ADA in the first half of the year 2005. Initiated by several EU directives, the German Government has recently presented the draft for a new ADA for discussion in the House of German Parliament (<I>Deutscher Bundestag</I>).
    GermanyCorporate/Commercial Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    CoA, April 11, 2024, Request For A Decision By Default, UPC_CoA_79/2024

    If an appeal is lodged under R.220.2 RoP and leave is granted in the impugned order itself, the statement of appeal must be lodged within 15 days of service...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, August 20, 2025, Order On Leave Of Appeal, UPC_CoA_380/2025

    The UPC must interpret its own substantive and procedural law in accordance with EU law and, in the rare cases where such interpretation is not possible...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, January 15, 2025 Order Concerning The Need To Adjudicate UPC_CoA_584-2024

    R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. According to R.360 RoP the Court may at any time, on the application.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, May 15, 2026, Order On Request For Use Of English At Oral Hearing, UPC-CoA-50/2026

    The appellants’ representative understood French but lacked sufficient oral proficiency for optimal representation. The Court permitted both parties to plead in English at the hearing of 26 May 2026, while French remained the language of proceedings.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, December 22, 2025, Decision On Access To Written Pleadings And Evidence, UPC-COA-0000886/2025

    A law firm may also be a member of the public within the meaning of R. 262.1 (b) RoP, see already order of 9 January 2024, UPC_CoA_480, UPC_CoA_481/2024, Abbott v Powel Gilbert.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, December 9, 2025, Appeal In Proceedings Re. Damages, UPC_CoA_8/2025

    Under Art. 68(1) UPCA, the Court shall, at the request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, February 12, 2025, Order Concerning Representation, UPC_CoA_634/2024, UPC_CoA_635/2024, UPC_CoA_636/2024

    All applicants of any application or action under the UPCA and RoP are required to be represented, except if the RoP waive the requirement of representation.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, July 3, 2025, Order Re. Appeal Against Cost Decision, UPC_CoA_153/2025

    The cost decision after the withdrawal of an action (or a request for provisional measures) is made in accordance with the general regulations in Rules 150 et seqq. RoP.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, November 28, 2024, Status As Micro-enterprise, UPC_CoA_490/2024

    The Court of Appeal denied the request to waive the order to pay the regular court fee plus an additional fee of 50 % of the regular fee.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    LD Düsseldorf, 4 December 2023, Court Order On Separation Of Proceedings, UPC_CFI_363/2023

    A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    LD Düsseldorf, March 20, 2026, Order, UPC_CFI_1849/2025

    The President applied the Court of Appeal’s multi-factor framework, considering case-related circumstances (predominant language in the technology field...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    LD Munich, June 22, 2026, Decision, UPC_CFI_293/2025 & UPC_CFI_868/2025

    The date of the withdrawal declaration alone determines which version of Rule 370.9 RoP applies — and therefore the entitlement to a fee refund. When the action originally commenced does not matter.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    UPC Monthly Report 09/2024

    Now that final decisions from the Court of First Instance are coming in, the Court of Appeal also naturally saw a 100% increase in appeals under R. 220 (1) lit. a) RoP.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    UPC Monthly Report 10/2024

    In sum, there are only 6 Local Divisions which attracted more than 10 cases (Munich, Düsseldorf, Mannheim, Hamburg, Paris and The Hague).
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    UPC Monthly Report 11/2024

    Christmas and the New Year are just around the corner, which seems to result in a UPC "crunch time": The rate of new cases per month is steadily increasing since summer, seeing the biggest jump for
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Appeal Decision Finds HARIBO's Gummy Bear Figurative Trade Mark Distinctive

    The Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) has reversed the refusal of Haribo's figurative trade mark consisting of an image of its 'Goldbear' gummy...
    GermanyInternational Law
    Burges Salmon LLP
    Burges Salmon LLP
  • Article

    CoA, November 29, 2024, Order On Relevant Criteria For Security For Costs (R.158 RoP), UPC_CoA_548/2024

    The CoA dismissed Claimant Aarke's appeal, in particular because Aarke failed to provide sufficient evidence in relation to the application of the applicable law by the courts in Israel.
    GermanyLitigation, Mediation & Arbitration
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, September 5, 2024, Order On Application For Language Change, UPC_CoA_207/2024

    The fact that the parties are domiciled in countries where the language of the proceedings chosen by the claimant is an official language is an important factor...
    GermanyLitigation, Mediation & Arbitration
    Bardehle Pagenberg
    Bardehle Pagenberg

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