Maiwald Blog

Maiwald blog articles

Permissible Amendment of the Action During Appeal and Obligation to Bear Costs in the Event of Equivalent Patent Infringement Despite Winning the Case

As the Düsseldorf Higher Regional Court has stated in a recent decision (decision of March 18, 2021 - 2 U 18/19) in accordance with its previous ruling practice, there are no...

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EPA: Videoconferencing at the EPO – Springboard Into a Digital Age

“The question of which communication channels people trust more in the case of inconsistent messages was investigated in a number of studies conducted by the Iranian-Ame...

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Generics: No Grounds for an Injunction if the Legal Situation Is Not Sufficiently Secure

In two parallel injunction proceedings (with different outcomes), the OLG Düsseldorf had the opportunity to again address the principles of its established case law on the as...

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FCJ: Distribution of Free Samples to Pharmacies

In the underlying case, the plaintiff, making refence to Section 47 (3) AMG (Medicinal Products Act) and Section 7 (1) HWG (Law on Advertising in the Health Care ...

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European Patent Office: So You Missed a Deadline – What’s Your Excuse?

In decision J 0010/20, a Board of Appeal ...

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IP Marking in Germany: Rules of Thumb

In Germany IP marking is not mandatory. However, IP marking may have the advantage, besides marketing aspects, that competitors are warned of the IP protection and that a mali...

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