News and IP Blog

Inventor remuneration: digital Employee invention

digital employee invention

Inventor remuneration of a digital employee invention or 'software invention', a computer-implemented invention: how to calculate?
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BGH: Public availability at the interface between law and trade secrets

Public availability

BGH leading decision: Public availability from know-how of R&D - in tension with German law on trade secrets.
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La Irlandesa 1943 mark: misleading and filed in bad faith?

Irlandesa

'La Irlandesa 1943' - does that make you think of Ireland? Was the disputed mark - after the end of a long business relationship - misleading and
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BGH ‘Verbundelement’: patent claim and counterparts

patent counterpart

Patent claim without very specific information, e.g. on adhesion: can it be successfully delimit itself from counterparts? The German BGH ruled
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Claiming of an employee invention

Claiming of an employee invention

Claiming of an employee invention in Germany: what is an 'effective' claiming? And what is Fictitious claiming?
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UPC: Regional chambers of first instance published

UPC chambers

The legal framework of the UPC Court is published: regional chambers of 1st instance, procdure and fees:
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German case-law on patent application for autonomous vehicles with AI

autonomous vehicles with AI

German patent application for autonomous vehicles with AI before BPatG: the AI was regarded as new – but was it inventive?
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CFI case-law: opposition proceedings after Brexit

opposition proceedings after brexit

APE TEES trade mark dispute before CFI: Can UK law be relied on in opposition proceedings after Brexit?
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German case-law: limitation period of remuneration of employee’s invention

limitation period of remuneration

Employee’s invention in GER: A three-year limitation period applies to the limitation of claims for inventor's compensation - in most cases.
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'Big bang' for sequence listing:
New WIPO standard ST. 26

Sequence listing ST.26

On 1 July 2022, the new WIPO standard ST.26 for sequence listings in international patent applications will enter into force.
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Co-inventors in companies - mention of the inventor

Co-inventor, inventor mention

Mention of inventors in the company - who is to be mentioned as co-inventor?
In practice a sensitive issue in companies:
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WTO – COVID patent waiver demystified

WTO patent waiver COVID

WTO declaration 'patent waiver' for COVID vaccines: this is in fact a change in comditions of compulsory licenses.
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Cloud computing 'in real time': inventive?

cloud computing

Cloud computing and process selection 'in real time': EPO on patent application for automation.
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Entitlement to inventor remuneration

Entitlement to inventor remuneration

Inventor remuneration in GER: a claim to inventor's compensation is triggered by...? Find the answer here.
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THINK DIFFERENT: Apple vs. Swatch
Non-use of trademarks

Apple ThINK DIFFERENT

Apple's THINK DIFFERENT is famous - yet must it be proven to be used as a trademark? CFI: Apple v Swatch
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PCT - International Patent Application with benefits

PCT

Benefits of a PCT application as reduced effort are obvious; additional youcan use a patent fee concept for the entire national phase.
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ECJ: Trade names and trademark rights

trade names and prior right

The ECJ ruled in a conflict over similar trade names - and one of them was registered as a trademark. Prior right?
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Trade fair opening - protection against plagiarism

trade fair

Trade fair opening and IP protection: what to do against plagiarism? What to do, if you are accused of infringement?
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What about IP rights in Russia?

IP right in Russia

After the sanctions against Russia and Belarus: what about IP rights in Russia- especially for "unfriendly" countries?

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Champagne - protected as a PDO
Case-law ECJ, BGH and OLG

Champagne

Protection as PDO against counterfeiting is to be extended to services, the ECJ ruled.
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Anti-Suit Injunction in International SEP and FRAND Disputes

anti-suit-injunction

Anti-Suit-Injunction (ASI) is strategic tool in SEP and FRAND patent disputes. In this context, the OLG Düsseldorf ruled.
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China in the Hague Agreement: In force since 5 May 22

China Hague Agreement

China in the Hague Agreement: In force since 5 May 22. So, now is the right time for a design application!
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IP Update 5/22: AI Dabus, UPC and more

IP Update

Unified patent and UPC - where do we stand, what needs to be done at the moment? We give answers - the Unified Patent Court is coming!
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