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Software can be sold in the widest variety of formats, for example based on a data carrier, by transfer of a master copy on a data carrier, by online download, in OEM models or for online use (cloud computing, ASP, etc.).

A bank is entitled to use the name "DAX®" to communicate that its financial instrument is linked to the rate of the DAX.

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

Sometimes companies use images or names of public figures in their advertising without seeking a license.

The UPC has recently issued its first two decisions on FRAND, setting important guidelines for SEP owners and implementers.

Security for costs application against a claimant company established in Taiwan can be accepted as the facts provided in the case indicate that enforcing a cost decision in Taiwan...

In a judgment dated 31 March 2016 the Düsseldorf Regional Court (docket number 4a O 73/14), granted Saint Lawrence Communications ("SLC") an injunction against Vodafone to restrain the offering/selling of smartphones.

In a judgment of 18 June 2018, case 24 U 146/17, the Berlin Court of Appeals (Kammergericht Berlin – Court of Appeals)

German utility models offer a unique pathway to intellectual property protection, providing registration within weeks rather than the years typically required for patent approval. This expedited process presents strategic advantages for innovators seeking rapid market protection in Germany's robust IP framework.

In 2019, Nokia filed a series of patent infringement complaints against Daimler before several German courts.

At the time of the patent application, the patent applicant had offered to grant licenses to use its patent on fair, reasonable and non-discriminatory ("FRAND") terms.

Pursuant to the "license barrier" rule in Sec. 4j German Income Tax Act, newly introduced as of 1 January 2018, arm's length business expenses ...

When a licensor becomes insolvent, licensees face the risk of losing business-critical IP rights as insolvency administrators can elect to terminate ongoing license agreements. This article examines practical protective measures including sublicenses, escrow arrangements, and security interests that can help safeguard licensee interests, while acknowledging their limitations and the strategic considerations necessary when structuring IP license agreements.

With ever greater frequency open source software is becoming a topic at corporate acquisitions, and not only where the sale or acquisition of software enterprises is concerned.

Germany's highest court has clearly and emphatically placed SEP implementers on notice that hold-out will not be tolerated, and that implementers must proactively share the burden and...

Marken, Urheberrechte, Patente, Know-how – „IP-Rechte" aller Art sind wichtige wirtschaftliche Güter. Sollen sie nicht nur selbst genutzt, sondern auch durch Dritte...

Over the course of the month of May, the German Federal Supreme Court rendered two important decisions in the area of internet law, shedding some light on issues that had remained unclear and widely discussed for some time.