Different Approaches of IP Organization within Companies

Usually, companies have long-established structures of maintaining their IP. However, there are different approaches to the organization structures. Interestingly, a recent poll of the IP management service provider Helios IP shows that only little more than half of the companies appears to favor a centralized approach. The other half tends towards different variations of the IP department being located within the business. According to Helios IP the driving factor behind the organizational decisions seems to be reaching a better business alignment with optimized work efficiency. For more information go here.

German Federal High Court rules on two eBay listing cases

On 12 November 2014, the German Federal High Court (“BGH”) ruled that a used-car sales contract concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial offer of EUR 1 remained the highest bid (BGH VIII ZR 41/14). As the defendant (the seller) subsequently sold the car elsewhere, the BGH granted the plaintiff (the buyer) damages amounting to the lost profit (the value of the car minus the bid of EUR 1). In another decision dated 10 December 2014, the BGH confirmed the aforementioned decision and granted the plaintiff damages …

German Federal High Court rules on two eBay listing cases Read More »

German Government proposes class actions for data protection violations

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 and industry chambers will be able to file class actions against companies violating data protection provisions protecting consumers.

Update on costs in the new Unified Patenting System

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 amount of the renewal fees for the Unitary Patent has not been announced. The industry is very critical on high fees, as it does not want to subsidize countries with small markets where patent protection is not attractive. Moreover, Spain and Italy will not be …

Update on costs in the new Unified Patenting System Read More »

Jurisdiction of Unified Patent Court extends to non EU countries

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 amendments are announced as Regulation No. 542/2014 of 15 May 2014. According to IP specialist Pierre Véron, the amendments will have a substantial influence in practice as “the proprietor of a European Patent infringed across several countries, including non EU countries like Turkey, will obtain …

Jurisdiction of Unified Patent Court extends to non EU countries Read More »

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

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 the internet. This includes the check of Google’s hit list as Germany’s most popular search engine. If the content is still accessible via Google, the website operator must apply for the deletion of the content from the Google cash and/or the removal of the content …

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

Fundamental reforms ahead for European Patent Law

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 Europe will increase substantially. The creation of a truly unitary European patent protection and the respective court system is aimed at fostering the attractiveness and the competitiveness of patent enforcement in the European Union with a view particularly to the United States of America and …

Fundamental reforms ahead for European Patent Law Read More »

European Commission publishes decisions following investigations into abuse of standard-essential patents

On April 29, 2014, the European Commission published two decisions as a result of its investigations into the (alleged) abuse of standard-essential patents (SEPs) in patent litigation, in particular by seeking injunctions against competitors on the basis of SEPs. The first decision renders binding commitments offered by Samsung Electronics, not to seek injunctions in Europe on the basis of its SEPs for smartphones and tablets against licensees who sign up to a specified licensing framework (described in more detail below). The second decision equally finds that Motorola Mobility’s seeking and enforcement of an injunction on the basis of a smartphone …

European Commission publishes decisions following investigations into abuse of standard-essential patents Read More »