The German Constitutional Court issued a landmark decision with implications for many companies doing business in Europe on July 9, 2021. For decades, the European Commission and EU member states strived to create a pan-European Unified Patent Court (UPC). After overcoming many hurdles, any sensible commentator will be cautious in making statements about the future
German federal parliament updates Patents Act
Germany is among the world’s leading patent jurisdictions. However, several years after the implementation of the EU Enforcement Directive, the government felt that the Patents Act (PatG) needed updating. Following lengthy consultations and many changes, the reform bill passed the German federal parliament (Bundestag) very early this morning (June 11, 2021). The second chamber of
COVID-19 brings about a new reality for protecting company trade secrets and confidential information
Companies and their workforces across the globe have been impacted by COVID-19 in ways that threaten critical trade secrets and other IP assets, and that require greater vigilance to protect them. The massive increase in the world’s remote workforce, as well as numerous terminations and furloughs, create a heightened risk of theft or inadvertent disclosure
Final blow to the UPC project? German law ratifying UPCA is void
European countries have pursued the project of creating a Unitary Patent and a Unified Patent Court (UPC), since the early seventies. Success seemed within reach in 2013 when the international Agreement on a Unified Patent Court (UPCA) was concluded and subsequently ratified by several states. However, in 2017 the project came to a grinding halt
Claims for transfers of Patents: clarification on time limits
Germany is one of the most important patent litigation jurisdictions in Europe, making developments in its patent law very important to globally operating companies. In recent years, the number of cases regarding claims for the transfer of patents has risen steadily in Germany. If an application is filed by someone who is not entitled to
Trade Secrets Act now a national law in Germany
On April 26, the Geschäftsgeheimnisgesetz (Trade Secrets Act, “Act”) came into effect. It took Germany over a year from the implementation deadline to transpose the Trade Secrets Directive (“Directive”) into national law. The Act replaces the provisions of the Unfair Competition Act on misappropriation of trade secrets and introduces new procedural rules for trade secret
Germany finally implements the Trade Secrets Directive!
With Germany finally implementing the Trade Secrets Directive into their national law, know-how theft cases are becoming more frequent. Whilst questions have been raised around adequate protection for whistle blowers and journalists, many see the new laws as a positive move towards better know-how protection in Germany.
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Misappropriation of trade secrets in Germany – the recent Supreme Court decision
Germany is a leading jurisdiction for patent litigation, yet it is still not popular for those bringing trade secrets disputes. Frankfurt partner Dr Anette Gärtner has published a case comment, “German Federal Supreme Court: Hohlfasermembranspinnanlage II — Enforcement of Claims for Misuse of Trade Secrets”, looking at the recent Supreme Court decision regarding the misappropriation
Trade secret litigation – is Germany next?
In anticipation of the implementation of the Trade Secrets Directive, the topic of know-how protection has been widely discussed. Dr Anette Gärtner, along with Sabrina Gossler, has written an article which explores the current legal situation in Germany, analyses the relevant provisions of the Directive and explains the immediate next steps for companies operating in
FRAND licensing in Germany – the recent Düsseldorf decision
The findings from the recent Higher Regional Court of Düsseldorf decision Mobiles Kommunikationssystem have established a new framework that should be followed when courts are benchmarking standard-essential patents (SEP) licence offers. The court has commented on which requirements are to be placed on the infringement notice, the licence request and the licence offer and how