"The BARDEHLE PAGENBERG IP Report" provides brief information about the firm´s news and activities, latest European and German IP case law as well as the latest developments in IP law.

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BARDEHLE PAGENBERG hosts annual talk on European patent law

Jochen Pagenberg elected President of the European Patent Lawyers Association

Patent Law
1. News on the Community Patent and a European and Community Patents Court – EU Competitiveness Council adopts conclusions on an enhanced patent system in Europe

2. German Federal Supreme Court refers questions on the interpretation of the Biotech Directive to the ECJ (Decision of November 11, 2009 – Case Xa ZR 58/07 – Brüstle v Greenpeace)

3. European Patent Office (Enlarged Board of Appeal) tackles backlog on pending referrals – oral proceedings held in three cases within two weeks in November 2009 (Case G 2/08 – Dosage regimen/KOS, Case G 1/07 – Treatment by surgery/MEDI-PHYSICS and Case G 2/08 – Language of the Proceedings/MERIAL)

4. European Patent Office (Board of Appeal 3.5.01) confirms case law on Graphical User Interfaces and rejects the more liberal views expressed by a different Board (Decision of April 1, 2009 – Case T 1143/06– Data selection system)

5. Dusseldorf Appeal Court on staying of infringement proceedings in view of declaratory judgment proceedings for non-infringement before an Italian court (Decision of July 20, 2009 – Case I-2 W 35/09 – Italienischer Torpedo/Italian Torpedo)

Trademark Law
6. European Court of Justice: Two new references for preliminary rulings by the Court of Appeal for England and Wales (C-482/09 – Budweiser and C-495/09 – Nokia)

7. European Court of Justice: Exhaustion of trademark rights (Decision of October 15, 2009 – Case C-324/08 – Makro v Diesel)

8. German Federal Supreme Court: Differences between manufacturers’ brands and private labels under German passing-off law (Decision of April 2, 2009 – Case I ZR 144/06 – Knoblauchwürste/Garlic Sausages)

9. German Federal Supreme Court on a trademark dispute between FIFA and Ferrero concerning football World Cup trademarks (Decision of November 12, 2009 – I ZR 183/07 – WM-Marken)

Domain Name Law
10. German Federal Supreme Court on whether a domain name may enjoy protection as a title of work (Decision of May 14, 2009 – I ZR 231/06 –Airdsl)

11. German Federal Supreme Court on whether the lessor of a domain name is liable for statements to be found on the lessee’s website (Decision of June 30, 2009 – VI ZR 210/08 – Focus Online)

Design Law
12. OHIM (Board of Appeal) invalidates Community design for being solely dictated by its technical function (Decision of October 22, 2009 – R 690/2007-3 – Chaff cutters)

Plant Variety Law
13. German Federal Supreme Court: First decision on the scope of protection of a Community plant variety right (Decision of April 23, 2009 – Xa ZR 14/07 – Lemon Symphony)

Law on Employee Inventions
14. Amendments to the German Act of Employee Inventions