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Patent Law

Case note: Higher Regional Court Düsseldorf – “Infusionsvorrichtung” (Decision of 08.04.2021 – 2 U 41/20)

An Article by Dr. Benjamin Pesch On the limitation of functional interpretation by cited prior art. (more…)
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Unfair Competition Law

Procedural equality of arms in preliminary injunction proceedings in unfair competition law and the role of protective letters
[GER ONLY]

An Article by Dr. Elisabeth Stöve In recent months, the Federal Constitutional Court has repeatedly commented on the procedural equality of arms in preliminary injunction proceedings in unfair competition law. Elisabeth Stöve shows in which three basic constellations both parties are sufficiently involved in preliminary injunction proceedings in unfair competition law. In a fourth principle, she highlights the importance of the protective letter. (more…)
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Copyright

The Embedding of accompanying third-party Works in Advertising

An Article by Dr. Kaya Köklü On the qualification of an accompanying work as an “incidental work” within the meaning of Sec. 57 German Copyright Act (UrhG) and the consequences of the strict case law for advertisers. (more…)
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Patent Law

Case note: Düsseldorf Court of Appeals – “Servicemodul” (Decision of 18.01.2021 – 2 W 24/20)

An Article by Prof. Dr. Jochen Bühling With the decision "Servicemodul" of 18 January 2021 (GRUR-RR 2021, 97) the Court of Appeal Düsseldorf continues its case law in connection with the inspection proceedings in patent infringement cases. The decision creates a further building block on procedural measures. At the same time, it provides the parties with valuable instructions regarding litigation and the submission of "excessive information". (more…)
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General

Editorial: dusIP Launch Day!

An Article by Prof. Dr. Jan Busche (more…)
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