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LimeGreenIP News

Tag Archives: Germany

Standard essential patents in the automotive industry – LimeGreen Live webinar 21/26 June

Join us on 21 or 26 June for the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar will explore recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The presenters include three members of our global patent team handling automotive patent litigation and SEP disputes:

Covering up doesn’t get you off the hook – criminal liability for the import of counterfeit branded clothing

German Federal Court of Justice, ref. no. 5 StR 554/17 Counterfeiters typically make tremendous efforts to cover up their identity and the details of their actions. By doing so, they aim to both prevent trademark owners from bringing civil law claims as well as to avoid criminal prosecution through law enforcement authorities. The German Federal Court

Germany: Making an impact – enforcing patents at trade fairs

Trade fairs offer patent proprietors particular opportunities to take action against infringements of their IP rights. However, successfully enforcing patent rights requires careful planning and expert implementation to avoid pitfalls. Exhibitors who fear being sued for patent infringement at a trade fair must also be well prepared. Trade fairs are one of the key marketing

Germany: Hogan Lovells at Forum seminar on new EU ‘trade secrets’ directive

EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure must be implemented in the EU Member States by June 2018. The Directive seeks to address the increasing importance of trade secrets, the growing threat to classified information and how to effectively combat industrial espionage and protect secrets.

Germany: HL awarded JUVE “IP Law Firm of the Year”

We are very pleased to announce our award for Law Firm of the Year for IP at the JUVE Awards last night! After four nominations in recent years, in which JUVE certified that we are “the Go-To-firm for difficult IP cases” and emphasised both the international and the precedence-setting nature of our German practice’s work, we are

Europe: Blockchain – The virtual currency Bitcoin

In this series of blog posts, we take a look at the current state of play regarding blockchain technology as well as the legal setting with a European and German focus. Whoever thinks of blockchain also has inevitably bitcoins in mind. The Internet currency is largely based on the blockchain technology and it is therefore one of the most obvious

UPC and Germany: Status update – Constitutional complaint, ratification timeline and more

Background The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the potential to considerably delay the entry into force of the Agreement on a Unified Patent Court (UPCA). Pursuant

Life Sciences: Spotlight interview on false advertising claims in Europe

Life sciences businesses dedicate huge resources to advertising material in a fiercely competitive market. Partner Tanja Eisenblätter discusses false advertising in this sector and why it is important for clients looking to launch new products. Preliminary injunctions in Germany Tanja presents a typical business case in which a client’s global advertising and its competitors’ advertising are assessed for misleading or unlawful content. In

Germany: Federal Network Agency imposes record fine for cold call advertising

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising. Violations of the German Unfair Competition Act (UWG) generally involve the risk of competitors seeking cease and desist orders, or consumers claiming compensation. The violation of Sec. 7 UWG

German tax treatment of royalties regarding software license and database licenses

– Draft guidance of German Federal Ministry of Finance released for discussion purposes Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors (the draft can be found here). The draft is highly important to clients

Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the public prosecution. Whilst the new rules may facilitate access to compensation for private parties affected by crimes, intellectual property right

BEPS – Germany on the way to limit the tax deductibility of royalties

A new legislative approach of the German tax authorities leaked last December 19 and approved by the German government on January 25, 2017 (see German language text here) will have a significant impact on the tax deductibility of royalties owed to related persons being subject to a preferential back end tax regime for IP not

Germany’s highest court rules on apps and weather

Mobile apps are generally worthy of title rights protection, said the German Federal Supreme Court (BGH) in a ruling last week. However, these unregistered rights must cross a certain threshold of distinctiveness to qualify for protection – just like their big brothers, registered trademarks. The claimant’s app and domain name “wetter.de” was held not to

Germany: Adblock Plus – Third court ruling rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus. The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with

RCD, Germany & Italy: Designs prosecution and invalidity

New content on LimeGreen IP Knowhow Hogan Lovells’ LimeGreen IP now includes content on the laws governing design prosecution and requests for invalidation of designs in Europe (RCD) Germany and Italy. Guidelines for more jurisdictions will follow in due course. The new design prosecution section on LimeGreen IP covers how extent or length of protection and requirements of

EU: Does money grow on plant-varieties? CJEU to rule on applicability of supplemental (punitive) damages for infringements of intellectual property rights

Court of Appeal, Düsseldorf (Germany), order dated 16 October 2014 (file no. I-15 U 21/14) Currently, most EU member states, including Germany, do not recognize lump sum supplemental damages aiming to punish and deter the infringer. In October 2014 the Court of Appeal of Düsseldorf made a reference for a preliminary ruling to the Court