最新ニュース

7月 2021

INTERNATIONAL IP PRACTICE SEMINAR

This year, our Seminar in cooperation with WIPO and UIC John Marshall Law School, will take place on October 8, 2021 in the form of an online Seminar. Details can be found here.

7月 2021

GERMAN CONSTITUTIONAL COURT CLEARS THE WAY FOR GERMANY TO RATIFY THE UPC

With its press release of July 9, 2021, the German Constitutional Court announced that it has rejected two applications for a preliminary injunction against the German UPC laws.
In its reasoning, the Court states that the constitutional complaints lodged in the principal proceedings are inadmissible as the complainants failed to sufficiently assert and substantiate a possible violation of their fundamental rights.
This decision clears the way for Germany to ratify the UPC.
Bundesverfassungsgericht - Press - Unsuccessful applications for preliminary injunction against the Agreement on a Unified Patent Court

Alexander Ramsay (Chairman of the UPC's Preparatory Committee) appreciates this decision.
German Federal Constitutional Court declares complaints against UPCA's ratification Bill inadmissible | Unified Patent Court (unified-patent-court.org)

One next step is signing the bill for ratification of the Agreement for depositing the instrument of ratification at the registrar of the UPC in Luxembourg.

Another step is the approval of further two member states of the UP&UPC-System to be bound by the Protocol on the Provisional Application Phase (PAP) in order for the project to move into its final phase.

Further, there is a need to pass through said PAP of about 6 (rather 8) months to get everything ready for implementing the UPC.
Maybe the PAP begins in winter this year.
Moreover, the UPC will start operation 4 months after Germany deposited its instrument of ratification.
Thus, it seems imaginable that Germany is going to deposit its ratification document during summer/autumn 2022 and that the UPC may start operation around the end of 2022.

7月 2021

DOES OBLIGATORY INJUNCTION IN GERMANY COME TO AN END?

German Patent Law Modernized

The legislative procedure for the Second Patent Law Simplification and Modernisation Act (PatModG) has now been completed and will thus enter into force after its promulgation. The Act was preceded by months of intense controversial debates.

A central change is the amendment to Section 139 of the Patent Act, which was a particular focus of public discussion. This amendment introduces an examination of the proportionality of the injunctive relief in infringement proceedings. Even though many participants in the discussion argue that this merely transfers a proportionality test, which is already anchored in the German Code of Civil Procedure, to the Patent Act and thus does not change the legal situation as also established by the Federal Supreme Court in the "Wärmetauscher" (heat exchanger) decision" issued 10th May 2016 (X ZR 114/13), the reliability and efficiency of German patent law is to be feared. For liability reasons alone, the representatives of the alleged infringers will (have to) always raise the objection of proportionality, so that the infringement process will be extended by another point of dispute and gain in complexity. The advocates of a fundamental proportionality test thus want to put a stop to so-called patent trolls (non-practicing entities).

In our opinion, the text of the law that has now been adopted sufficiently expresses the rule-exception relationship (injunctive relief versus disproportionate and unreasonable hardship). In our opinion, the hurdles for an exception to the right to injunctive relief are set high: for each individual case it must be examined whether the right to injunctive relief would lead to an "unreasonable hardship not justified by the exclusive right". The requirement of good faith and any interests of third parties must also be taken into account.

To compensate for the restriction of the right to injunctive relief, the right to damages for the patent proprietor receives a compensatory claim in the form of appropriate compensation.

We will see how this amendment then actually plays out in practice.

As another important change, welcome procedural provisions for the protection of trade secrets have been included in the Patent Act. Thus, infringement proceedings can be conducted efficiently and with sufficient transparency, even if the parties' trade secrets are to be protected.

We would also like to highlight the planned synchronisation of nullity proceedings before the Federal Patent Court and infringement proceedings before the civil courts. The so-called Injunction Gap is to be closed by procedural means. Here, too, we will see what effect this change will have in practice.

The extension of the time limit for initiating the national phase at the DPMA from PCT applications from 30 to 31 months and thus a synchronisation with the time limit provided by the EPO should also not go unmentioned.

7月 2021

A NEW LAW – THE END OF SPARE PARTS PROTECTIONS IN GERMANY?

an article by Dr. Christian Thomas, published in the Japanese Journal "A.I.P.P.I."; Vol. 66, No.6, 2021. Click here for the original document.

6月 2021

EUROPE'S LEADING PATENT LAW FIRMS – AND WE ARE ON BOARD AGAIN IN 2021!

Once again this year, we were recommended by the Financial Times and its research partner Statista and are among the best. We are pleased about the award!

6月 2021

31ST EUROPEAN PROPERTY SEMINAR FREISING 2021

Our program for this year's WebSeminar on October 5 and 6, 2021 is now online. You can find all further information here. We look forward to your registration!

6月 2021

WELCOME

On June 1, Benedikt Rauscher joined our mechanical engineering department in Munich. We would like to welcome him on our team!

5月 2021

NEW TEAM MEMBERS

We are pleased to welcome the patent attorneys Martin Erhardt and Julian Graf to our team in our Munich office since the first of May this year. Mr. Erhardt will support the mechanical engineering team and Mr. Graf the electrical engineering team. We wish them a good start at KUHNEN & WACKER.

4月 2021

User Advisory Council starts its second term with a representative of K&W

15 representatives of all customer groups of the German Patent and Trade Mark Office appointed for four years. Dr. Ulrich Wagner is one of the representatives:

Press release of 15 April 2021

4月 2021

A new address where you have access to our competent expertise

After more than 40 years since the establishment of our firm in Freising and an expansion into an adjacent building 10 years ago, we can now, since April 2021, also be reached in Munich, where we deliver the same level of competence our clients have come to appreciate. Our Munich office is located in an elegant historical building close to the Theresienwiese in the center of town.

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