Maiwald blog articles
Patents: New principles in preliminary injunction proceedings
Yesterday, Thursday 28 April 2022, the CJEU delivered its decision in the preliminary ruling case
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German Act against Unfair Competition (amended) – E-mail advertising and forum shopping
In an unusually open clash between the Regional Court and the Higher Regional Court of Düsseldorf regarding the interpretation of the exception in Section 14 (2) sentence 3 n...
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EU Commission -Consultations on compulsory licensing and a revision of the framework for Standard Essential Patents
Part 1- Compulsory Licensing Intellectual Property rights continue to have priority for the EU Commission...
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Free Offers of Medical Products – No Violation of the Prohibition on Promotional Gifts Under Section 7(1) Hwg When the Purchase Price Is Reimbursed in Full
In the case at issue, the plaintiff, based on Sections 8, 3, 3a of the German Law Against Unfair Competition (UWG) in conjunction with Section 7(1) Nr. 1 of the German...
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No Likelihood of Confusion Despite Gnashing of Teeth
In another decision, the German Federal Patent Court has sharpened the requirements for the assumption of similarity of signs if the signs only match in descriptive elements (...
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Interest in Legal Protection for a Nullity Action – Part 5
The German Federal Patent Court (BPatG) denies the need for legal protection for a (retroactive) partial declaration of invalidity after expiry of the patent protection (BPatG...
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