What You Need to Know About the Unified Patent Court and Unitary Patent
Navigating the Once-Obscure German Nonresident Withholding Tax
German Supply Chain Due Diligence Act and Its Impact on Latin America
Compliance Perspectives: The German Corporate Sanctions Act
JONES DAY TALKS®: Private Antitrust Litigation in Germany
JONES DAY PRESENTS®: Trade Secret Enforcement in Germany
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
Law Firm ILN-telligence Podcast | Episode 7: Joe Mittag, OMF Otto Mittag & Partner | Frankfurt, Germany
Jones Day Talks: Developments in Germany's Wind Power Regulations
Jones Day Talks: Navigating Foreign Direct Investment in Germany
Investor Considerations in Germany’s Renewable Energy Sector
E18: ICANN Loses First GDPR Court Ruling in Germany
The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more
In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity to be...more
Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more
In a landmark decision, France has joined the ranks of leading jurisdictions in recognizing blockchain as a valid method for establishing proof of authorship and intellectual property (IP) rights....more
In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more
“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. ...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in...more
The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more
Digital Employment Contracts Are Now Generally Allowed With the new year, the Fourth Bureaucracy Reduction Act ("BEG IV") brings more flexibility by replacing the need for written form and qualified electronic signatures with...more
In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German...more
In an eagerly awaited decision, the Hamburg Regional Court is now the first in Germany to rule on AI training datasets under EU copyright law. While the court managed to avoid the most controversial issue, namely whether the...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more
This issue of Trademark Insight once again contains some noteworthy decisions from recent months. Of particular interest are the decisions on the legal concept of complex likelihood of confusion (komplexe Verwechslungsgefahr)...more
In three judgements dated September 11, 2024, the German Supreme Court expanded the scope of “implied consent” as a limitation on copyright protection (Cases I ZR 139/23; I ZR 140/23; I ZR 141/23)....more
In an order (UPC_CFI_410/2023, ORD_35569/2024) dated 10 July 2024, the Mannheim Local Division referred a revocation counterclaim to the Central Division in Paris previously seized of a parallel stand-alone revocation action,...more
The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more
Am 4. Juli 2024 verabschiedete der Bundestag das Gesetz zur Stärkung des Justizstandortes Deutschland. Es führt Commercial Courts und Englisch als Gerichtssprache in der Zivilgerichtsbarkeit ein, um die Attraktivität...more
The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more
die vorliegende Ausgabe des Trademark Insight hält erneut einige aktuelle und interessante Entscheidungen der letzten Monate für Sie bereit. Von besonderer Bedeutung dürften insbesondere die Vorabentscheidung des EuGH zur...more