Today the Bavarian Data Protection Supervisory Authority (Bayerisches Landesamt für Datenschutzaufsicht) has published a synopsis of the three most relevant versions of the planned EU General Data Protection Regulation. The synopsis provides a good overview of the changes to the drafts submitted by the EU Commission on 25 January 2012, the outcome of the first …
Synopsis of EU General Data Protection Regulation Read More »
The German Federal High Court (“BGH”) ruled on 12 March 2015 that the refusal of a trademark owner to give his consent to the legal use of its trademark in an Adword-advertisement of a competitor constitutes an illegal deliberate obstruction of a competitor according to section 4 no. 10 of the German Unfair Competition Act (BGH …
Today, Ministers in the Justice Council have sealed a general approach on the Commission proposal on the Data Protection Regulation. Modern, harmonised data protection rules will contribute to making Europe fit for the digital age and are a step forward to the EU Digital Single Market. Trilogue negotiations with the Parliament and the Council will …
On June 12, 2015, the German Parliament passed the IT Security Act (IT-Sicherheitsgesetz). The law provides, inter alia, that operators of so-called critical infrastructure must meet a minimum level of IT security, install protection tools to ensure the security and notify the German Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik – …
New IT Security Act Intensifies Duties Of Providers Read More »
DLA Piper has conducted a study on behalf of the European Commission investigating the legal framework for cloud contracts. The study provides guidance to the European Commission on existing laws, case law and administrative guidance applicable to cloud computing contracts in 27 EU Member States and the U.S. level.
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 …
Different Approaches of IP Organization within Companies Read More »
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 …
German Federal High Court rules on two eBay listing cases Read More »
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 …
German Government proposes class actions for data protection violations Read More »
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 …
Update on costs in the new Unified Patenting System Read More »
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 …
When the cat kills the dog… Parody and German trademark law Read More »
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 …
Jurisdiction of Unified Patent Court extends to non EU countries Read More »
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 …
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.
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 …
Fundamental reforms ahead for European Patent Law Read More »
In order to prepare for the upcoming Unified Patent Court, this list provides a quick look at the Top 10 Things you need to know.
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