G 3/14: The Enlarged Board of Appeal will decide on the question whether claims resulting from the combination of dependent claims with independent claims during opposition proceedings can be examined for the requirement of clarity (06/2014)

Clarity is not a ground for opposition under the EPC. Based on this legal fact it has been a long standing tradition that amended independent claims which comprise features taken from granted dependent claims were not open to examination for compliance with Art. 84 EPC (clarity). Only claims that contained features taken from the description… more

Imported single counterfeits subject to border seizure measures (05/2014)

The legal situation At the trademark owner’s request, custom authorities in the member states of the EU are entitled to seize counterfeit goods being imported in the territory of the EU. Those goods can then be destroyed in a simplified procedure, if the declarant, holder or owner of the goods does not oppose this destruction… more

Lower hurdles for the protection of applied arts (04/2014)

Legal starting point The “natural” means of protection for the design of, e.g., commodities or articles of daily use is the registered design right. According to Art. 2 (1) No. 4 German Copyright Act, works of “applied art” also enjoy copyright protection, provided they are personal intellectual creations with an individual character. However, fearing a… more

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