May 2015 Archives

German Government proposes class actions for data protection violations

By DLA Piper Digital Team / 11 May 2015 / IT/Datenschutz

By Reka Hatala and Britta Hinzpeter On 4 February 2015, the German federal government published a draft law on the improvement of enforcement of data protection provisions protecting consumers (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften des Datenschutzrechts) (“Draft Law”). Provided the German parliament passes the Draft Law, consumer protection associations …

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Update on costs in the new Unified Patenting System

By Christian Kau / 10 May 2015 / Europe, IP, Patents, Unified Patent Court, Unitary Patent

According to latest rumors, the new patenting system in Europe (introduction of the Unitary Patent based on EU Regulations No. 1257/2012 (UPR) and No. 1260/2012 (UPTR) will start in 2017. One key aspect for the success of the new system relates to the patenting costs compared to the current European patenting system. Until today, the …

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When the cat kills the dog… Parody and German trademark law

By Fabian Klein / 10 May 2015 / Marken-/Wettbewerbs- und Urheberrecht

In a recent decision, the German Federal Court decided that the owner of trade mark consisting of a parody to the “PUMA” trade mark must consent to his trademark being deleted (decision I ZR 59/13 of 2 April 2015). The trade mark in question consisted of the picture of a poodle jumping in the same …

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Jurisdiction of Unified Patent Court extends to non EU countries

By Christian Kau / 9 May 2015 / Europe, IP, Patents, Unified Patent Court, Unitary Patent

As a new significant development in the new court system to be established, the jurisdiction of the Unified Patent Court shall extend even to non EU countries. This is due to several amendments to the “long arm jurisdiction provision” which was introduced by the Brussels I Regulation and extended by EU Regulation No. 1215/2012. These …

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Contractual claim for cease and desist also comprises the deletion of content from Google’s hit list

By Max Wenger / 9 May 2015 / Internet, Medienrecht

In its decision dated 29 January 2015 (13 U 58/14 ) the Higher Regional Court Celle held that a party that signs a cease and desist declaration with regard to certain content of its website, must also ensure through appropriate measures that the content covered by the cease and desist declaration cannot be accessed on …

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‘GEMA – No-access signs’ on YouTube constitute unfair competition

By Saskia Laïs-Jansen / 8 May 2015 / Marken-/Wettbewerbs- und Urheberrecht

With verdict of 7 May 2015, the Higher Regional Court in Munich (OLG Munich) has confirmed the prior decision of the Regional Court in Munich, that YouTube may not publish notices in regard to inaccessible music videos, that create the wrong impression with users that GEMA is responsible for the inaccessible music videos.

Fundamental reforms ahead for European Patent Law

By Markus Gampp / 1 May 2015 / Patents

The Member States of the European Union are in the process of preparing the introduction of a new European Patent with Unitary Effect and the creation of a single Unified Patent Court with divisions located all over Europe. With the realization of this patent reform package, the significance and the scope of patent litigation in …

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