Maiwald blog articles
Patent: Ineffective Enforcement of an Interim Injunction – Requirements for a Bank Guarantee as Security
In the underlying case, the injunction plaintiff first obtained a temporary injunction for patent infringement against the injunction defendants bef...
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Objectively Equal Effect in the Case of Equivalent Patent Infringement by a Modified Embodiment
The Higher Regional Court of Düsseldorf has already had two opportunities this year to apply the requirements relevant for the question of objectively equal effe...
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Granting of Payback Points as an Inadmissible Advertising Gift
In the case at issue, the plaintiff, an association legally entitled to bring an action, sought an injunction under Paragraphs 8, 3 and 3a of the Law against Unfa...
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G1/21: Videoconference at the EPO – Order of the Enlarged Board of Appeal
As previously reported, the following question was referred to the EBA on 12 March: Does the EPC, specifically...
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Update on the Interpretation of the Medical Devices Regulation
A few days ago, the EMA published the document "Questions & Answers for applicants, marketing authorisation holders of medicinal products and notified bodies with respect ...
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Victory for Lego – Hope for Designs With Technical Function?
After recent case law has increasingly restricted protection of designs with a technical function, a judgment of the ECJ of 24.3.2021 (
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