On March 23, 2016, an amended version of the Community Trade Mark Regulation will enter into force. The amendments concern formal as well as substantial regulations throughout the complete legislative act. In the following, we will provide an overview on some of the practically particularly important changes. 1. New Names The Office for Harmonization in… more

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

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

Background EPO’s opposition division found an opposition to be well founded and thus revoked the contested European patent. The Board of Appeal set aside this decision in the appeal instance and confirmed the patent’s validity to the extent of auxiliary claims filed by the patentee. The patentee was of the opinion that the opposition division… more

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