Maiwald blog articles
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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Transparency Regulation – Considerable Change in the EU Food Law
The new Transparency Regulation was published in the Official Journal on 6 September 2019. It entered into force 20 days after publication and becam...
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European Patent Office: So You Missed a Deadline – What’s Your Excuse?
In decision J 0010/20, a Board of Appeal ...
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IP Marking in Germany: Rules of Thumb
In Germany IP marking is not mandatory. However, IP marking may have the advantage, besides marketing aspects, that competitors are warned of the IP protection and that a mali...
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No-Challenge Clause Invalid?
In a reference for a preliminary ruling, the Federal Court of Justice (BGH) has asked the ECJ whether no-challenge clauses are valid (BGH, November 19, 2020 - I ZR 27/...
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