Maiwald blog articles
Difficulties in Resolving a Patent Dispute – Declaratory Judgment Action on the Existence or Non-existence of a Licence Agreement
Frequently, national or cross-border patent infringement disputes end with the conclusion of a licence agreement. The Regional Court of Munich I (in the follwoing “the Court...
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On the Draft of the New Supply Chain Law: More Protection of Human Rights but More Obligations for Companies
Published on 15 February 2021 following an agreement between the Ministry of Economy and the Ministry of Labour, it was adopted by the Federal Cabinet on 3 March 2021: the dra...
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Permissible Amendment of the Action During Appeal and Obligation to Bear Costs in the Event of Equivalent Patent Infringement Despite Winning the Case
As the Düsseldorf Higher Regional Court has stated in a recent decision (decision of March 18, 2021 - 2 U 18/19) in accordance with its previous ruling practice, there are no...
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EPA: Videoconferencing at the EPO – Springboard Into a Digital Age
“The question of which communication channels people trust more in the case of inconsistent messages was investigated in a number of studies conducted by the Iranian-Ame...
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Generics: No Grounds for an Injunction if the Legal Situation Is Not Sufficiently Secure
In two parallel injunction proceedings (with different outcomes), the OLG Düsseldorf had the opportunity to again address the principles of its established case law on the as...
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FCJ: Distribution of Free Samples to Pharmacies
In the underlying case, the plaintiff, making refence to Section 47 (3) AMG (Medicinal Products Act) and Section 7 (1) HWG (Law on Advertising in the Health Care ...
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