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  • Article

    Mannheim Regional Court Rejects FRAND Defence In Its First Ruling On The Issue Following The CJEU Ruling In Huawei v ZTE

    Deutsche Telekom raised a FRAND defence, based on a licence offer made by its supplier HTC that was (discussed below) dismissed.
    GermanyIntellectual Property
    Taylor Wessing
    Taylor Wessing
  • Article

    The Copyright Holder's Exclusive Right To Distribute Its Work To The Public Includes The Right To Advertise The Original Or Any Copy Of That Work

    It is sufficient that the advertisement invites consumers in Germany in which that work enjoys copyright protection to purchase it.
    GermanyIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    UPC-CoA-066/2026, Decision Of The President Of The Court Of Appeal, 29 June 2026

    An application to remove an unauthorised application to opt out pursuant to R. 5A RoP must
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    UPC Court Of Appeal, Order Of April 30, 2025, UPC_CoA_5/2025 (See Also UPC_CoA_237/2025)

    In an action for revocation, where both parties agreed to a stay, the appeal proceedings have been stayed pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, December 23, 2024, Oder Concerning An Application For A Discretionary Review (Rule 220.3 RoP)

    An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP.
    GermanyLitigation, Mediation & Arbitration
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    LD Munich, 20 December 2023, Order Of Court Of First Instance Of The UPC, UPC_CFI_292/2023

    The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim.
    GermanyLitigation, Mediation & Arbitration
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    What To Do If You Are Sued Abroad? First Of All: Critical Examination Of The Right To Refuse To Accept Judicial And Extrajudicial Documents Written In A Foreign Language

    Companies may face judicial proceedings not only in the country in which they are headquartered.
    GermanyLitigation, Mediation & Arbitration
    SKW Schwarz
    SKW Schwarz
  • Article

    The Use Of Images Or Names Of Public Figures In Advertising Without Their Consent

    Sometimes companies use images or names of public figures in their advertising without seeking a license.
    GermanyMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    CJEU Has Declared The "Safe Harbor" Regime For Data Transfers To The US Invalid

    On 6 October 2015, the CJEU (case no. C-362/14) has declared the Commission's 2000 decision on Safe Harbor concerning the transfer of personal data from the EU to the USA to be invalid, with immediate effect.
    GermanyPrivacy
    Allen & Overy LLP
    Allen & Overy LLP
  • Article

    Federal Fiscal Court Holds Interests Barrier Rule Unconstitutional

    According to a decision published February 10, 2016, the German Federal Fiscal Court submitted to the Federal Constitutional Court the question whether or not the interest barrier rule is unconstitutional (I R 20/15).
    GermanyTax
    POELLATH
    POELLATH
  • Article

    Compensation Claims Of Employees If Targets For Variable Remuneration Are Set Too Late

    Targets relevant for the payment of a variable remuneration that are not set towards the employee until more than three quarters of the financial year have passed can no longer fulfil their...
    GermanyEmployment and HR
    L&E Global
    L&E Global
  • Article

    German Federal Court of Justice Rules on Patent Infringement Under the Doctrine of Equivalents

    On 14 June 2016, the German Federal Court of Justice (X ZR 29/15 "Pemetrexed") confirmed prior decisions in which it held that patent infringement under the doctrine of equivalents can, in principle, not be assumed, ..
    GermanyIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    Watch Out When Localising Advertising Campaigns! Legal Pitfalls Of Money-Back Guarantees

    Money-back guarantees reduce the barrier for purchase considerably and help to build trust, which makes them an extremely powerful marketing tool.
    GermanyMedia, Telecoms, IT, Entertainment
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    German Federal Court Of Justice Sets Boundaries For Mass Antitrust Claims Collection

    On May 12, 2026, the Cartel Division (Kartellsenat) of the BGH handed down a landmark ruling on the limits of bundled cartel damages claims brought by claims collection vehicles.
    GermanyAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    CoA, August 25, 2025, Procedural Order, UPC_CoA_758/2015 And UPC_CoA_759/2025

    Although R.223.5 RoP provides that there shall be no suspensive effect for an order pursuant to (amongst other) R.220.2 RoP...
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, February 9, 2026, Decision Concerning A Decision Of The EPO To Reject A Request For Unitary Effect

    Unitary effect under Article 3(1) of Regulation 1257/2012 requires a patent to be granted for all UPC Member States; a "carve-out" for non-designated states is not permissible.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    CoA, May 19, 2026, Order On Request For A Discretionary Review, UPC-CoA-67/2026

    When deciding whether to allow a discretionary review, the Court of Appeal must consider whether the impugned order of the Court of First Instance is manifestly erroneous and whether the impugned order raises a fundamental question of law and its review is necessary to ensure a consistent application and interpretation of the Rules of Procedure or any other objective of the discretionary review (CoA, UPC_CoA_489/2024, order of 6 September 2024, Motorola v. Ericsson, para. 4; UPC_CoA_805/2025, order of 1 September 2025, Centripetal v. Keysight, paras. 8 and 11)
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, December 23, 2025, Decision On Application For Withdrawal, UPC_CoA_523/2024

    In principle, pursuant to Rule 250 RoP, the court may waive payment of the fee for a rehearing in the circumstances contemplated by Rule 245.2(a) or (b) RoP (fundamental procedural defect or criminal offence).
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, July 17, 2026, UPC_CoA_360/2025, Decision

    The Unified Patent Court's Court of Appeal examines procedural rules governing appeals in patent litigation between Lionra Technologies Ltd. and Cisco Systems. This case involves the interpretation and application of specific Rules of Procedure in the context of an appeal from a first instance decision concerning European Patent EP 2 201 740.
    GermanyIntellectual Property
    Bardehle Pagenberg
    Bardehle Pagenberg
  • Article

    Court Of Appeal, 4 June 2024, Order Of The Court Of Appeal, UPC_CoA_79/2024

    Art. 83(3) UPCA must be interpreted such that a valid opt out application requires that it is lodged by or on behalf of all proprietors of all national parts of a European patent...
    GermanyLitigation, Mediation & Arbitration
    Bardehle Pagenberg
    Bardehle Pagenberg

Showing 61–80 of 374 results

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