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By Christian Donle
In a press release in December 2012, the European Commission gave notice that the enforcement of standard-essential patents may constitute an abuse of a dominant market position if the challenged infringer is willing to take out a licence under fair, reasonable and non-discriminatory conditions.
By Hannes Jacobsen
At the end of last year the "cathode ray tube cartel" attracted a lot of attention, when cathode ray tube manufacturers were fined a total of EUR 1.47 billion.
By Christian Donle
In a ruling by the First Criminal Court, the Federal Court of Justice (BGH) put a definite end to what is known as the "self-importation model" in the import of pirate material.
By Konstantin Schallmoser
According to two decisions of the Federal Court of Justice of 18.12.2012, the costs for the attorney at law participating in nullity proceedings are to be refunded under all circumstances where parallel infringement proceedings are pending.
By Christian Donle
In a recent decision, the Brandenburg Higher Regional Court held that the regulations under competition law require the address of the registered office of the company to be included in all directly product-related advertising.
By Konstantin Schallmoser
After decades of protracted discussions and negotiations, Europe's patent law and patent court system are about to undergo their most radical shake-up since the foundation of the European Patent Organisation.
By Jürgen Schneider
The recently-published "Flaschenträger" decision by the Tenth Senate of the Fede­ral Court of Justice, which deals with cases under the patent and utility model laws, looks at the amount of infringer's profit to be han­ded over.
By Jürgen Schneider
With a decision of 05.04.2011, the Hamburg Regional Court ruled that the trade mark "Migration Factory" had become a customary designation of goods or services, with the consequence that it should be declared revoked, Art 51 (1 b) Community Trade Mark Regulation (CTMR).
By Florian Bewer
The claim to inspection in commercial intellectual property law is currently developing on an ongoing basis.
By Sebastian Frhr. Von Bechtolsheim, Isabel Von Gerstenbergk-Helldorff
In start-up companies as well as, more generally, in small to medium-sized limited liability companies, it often arises that one or more shareholders are also appointed as managing director of a company.
By Astrid Gérard
According to established case law, the effect of a final declaration extends as far as the scope of the prohibition of a cease-and-desist order, which the obligor has recognised as a definitive ruling.
By Christian Breuer
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.).
By Christian Donle
In a decision on 1 June 2011, 5 U 113/09, which has attracted much attention, the Hanseatic Higher Regional Court set out new basic principles for controlling the ge-neral terms and conditions of copyright-related contracts.
By Christof Augenstein
While disputes in the area of company law are regularly determined by arbitration tribunals, many companies fail to use this instrument for disputes involving commercial intellectual property law.