BOEHMERT & BOEHMERT in the Media
Prof Jan Bernd Nordemann comments in the Financial Times Germany on the Federal Supreme Court judgement on "fees at cash points".
On 7 October 2011, the Financial Times Germany reported on a recent judgement from the Federal Supreme Court which allows direct bank clients to withdraw money from Sparkasse cash points. (...) "It is conceivable that Sparkassen can impose a block if they wish to prohibit all direct bank clients from withdrawing cash and not only in a single institute," Prof Jan Bernd Nordemann says, Competition Attorney at BOEHMERT & BOEHMERT. (...) "In the absence of dominant or strong market position, the block would not raise any concerns under competition law," Nordemann goes on. "The regional structure of Sparkassen speaks in favour of the fact that each case needs to be dealt with individually before the Court."
07.10.2011
"Secrecy is damaging" - FAZ guest contribution by Prof H. Goddar and N.T.F. Schmid.
BOEHMERT & BOEHMERT partner and patent law expert Prof Heinz Goddar and engineering graduate Nils T.F. Schmid contributed the article "Secrecy is Damaging" to the Frankfurter Allgemeine Zeitung on 29 September 2011. In their article, they explain why it is dangerous for medium-sized companies to refrain from patenting their inventions and instead to opt to keep their innovations secret. Companies often hope to obtain a competitive advantage through this behaviour. In reality, they often place their very existence in jeopardy. Both experts explain what patent strategies are available and demonstrate how targeted prior announcements can work to hold back a competitor from filing its own patent.
30.09.2011
Dr Bittner in Handelsblatt on US patent law.
Writing in the article "No Power to the Counterfeiters" in Handelsblatt Specials Legal Success (28.07.2011), BOEHMERT & BOEHMERT patent lawyer Dr Thomas L. Bittner discusses patent law in the US. The article reports on the Global Intellectual Property Index, which ranks the security of intellectual property rights. Germany is well-known to companies for its comprehensive protection of intellectual property and ranks in first place. The USA ranks in 4th position. Here, patent filings last an average of three years until they are assessed. Dr Thomas L. Bittner points out that the US is at pains to adjust its patent laws to bring them in line with the rest of the world. At present, the US applies the "first to invent" rule which accords patent protection to the first person to have the idea. In Germany and Europe, the “first to file” rule applies. Under this rule, the first person to file the idea has the patent, Dr Bittner explains. www.handelsblatt.com
02.09.2011
Inverview: Prof Heinz Goddar comments on YouTube.
Within the scope of his appointment to Adjunct Professor and Honourable Consultant in International Legal Services at the National Yunlin University for Science and Technology (YunTech), Taiwan, BOEHMERT & BOEHMERT partner Prof Heinz Goddar gave the Taiwanese Television Network E-TV a statement on "Civil Product Piracy and Criminal Patent Enforcement Measures and how to defend". The full interview can be seen on YouTube: http://www.youtube.com/watch?v=FPSa_vRHL7s
15.08.2011
WirtschaftsWoche Ranks Prof. Dr. Jan B. Nordemann Among the Top Attorneys for Trademark Law.
In the article “Teure Verwechslung” (“Expensive Mistake”) the magazine WirtschaftsWoche („Business Week“ - No. 30 issued 25.07.2011) sheds light on the specialist area of attorneys active in trademark law. The article states that attorneys practising in this area of intellectual property law are all specialists; and Germany is now considered the leading nation in protection of intellectual property. As part of this series of articles, a high calibre jury from the magazine regularly selects the current leading experts in the area of law currently being discussed. BOEHMERT & BOEHMERT partner Prof. Dr. Jan Bernd Nordemann was ranked in this article among the 25 Top Attorneys for Trademark Law. www.wiwo.de/top-kanzleien.
26.07.2011
Christian W. Appelt in the Handelsblatt on LED patent infringement claim by Osram.
In an article entitled "Osram against the Rest of the World" appearing on 7 June 2011, the Handelsblatt reports on the claim issued by the lighting group Osram against its Korean competitor Samsung in the US, Japan, Germany and China. The claims concern, among other things, a purported patent infringement with respect to LED products. Asked about these proceedings, BOEHMERT & BOEHMERT partner and patent law expert Christian W. Appelt provides some background information, himself having represented similar claims in the past. Every year, more than 1,500 claims of this type and submitted each year in Germany, which makes Germany by far the most preferred "market" for patent infringement claims in Europe. Germany is selected by patent owners as preferred place of jurisdiction because, in the European and international comparison, patent infringement proceedings in Germany are very quick and result in comparably low costs, and because the German regional courts, which are responsible for patent infringement proceedings, in particular LG Dusseldorf and LG Mannheim, have excellent experience of patent infringement proceedings. The full article can be found here: Handelsblatt, 07.06.2011, www.handelsblatt.com
18.06.2011
Financial Times Deutschland with assessment by Dr M. Engelhard.
In an article entitled "EU Lawyer strengthens Pharma Industry" on 10 June 2011 (page 4), the Financial Times Deutschland reports on a closing speech made by the Advocate General of the European Court of Justice (ECJ) for the extension of patent rights on drugs In this article, BOEHMERT & BOEHMERT partner Dr Markus Engelhard comments on the speech and the possibility for extending patents for drugs in Germany. "Should the Court take such a decision, this would have great significance for the industry," Dr Engelhard concludes. A decision in its favour would bring the industry millions in additional earnings. He also expects that more drugs would undergo trials assessing their suitability for children. In this case, the extension sought in the concrete case before the ECJ would be possible. Source: FTD, 10,06.2011, www.ftd.de
10.06.2011
Prof. Dr. J. B. Nordemann comments on current developments in the zu Guttenberg affair in “Welt” and “Berliner Morgenpost” newspapers.
In its 11th May 2011 edition, in the article titled “Guttenbergs nächstes Problem” (Guttenberg‘s next Problem) the “Welt” reports on the latest development in the plagiarism affair surrounding Karl-Theodor zu Guttenberg. As the first victim of the plagiarism has now lodged legal complaint, the likelihood of charges against zu Guttenberg has increased. BOEHMERT & BOEHMERT partner Prof. Dr. Jan Bernd Nordemann considers the consequences of the charges to be potentially considerable. In the “Welt” he states: “It has become significantly easier for the Public Prosecution Office to press charges outside the normal channels. The office is no longer limited to invoking claims of public interest resulting from the high profile and political importance of the perpetrator.” In such cases it depends upon the public prosecutors and whether they wish to create a precedent. The “Berliner Morgenpost” of the same day reports on the zu Guttenberg plagiarism affair and on the Member of the European Parliament Silvana Koch-Mehrin. Prof. Dr. J. Nordemann is also quoted in this article. The full “Welt” article is available here: http://www.welt.de/print/die_welt/politik/article13364614/Guttenbergs-naechstes-Problem.html
16.05.2011
Prof Dr Jan B. Nordemann in Handelsblatt in the Federal Supreme Court decision on Postbank.
On 04 March 2011, the German financial newspaper Handelsblatt reported on the test case decision from the Federal Supreme Court which allowed Postbank to advertise personalised credit cards. Consumer protector groups had filed a suit against the bank claiming that its approach amounted to unfair competition. The decision was awaited with some anticipation by banks and credit card companies, BOEHMERT & BOEHMERT partner Prof Dr Jan Bernd Nordemann explained in Handelsblatt. Nordemann, who advises the sector in advertising law issues, defended Postbank as one must assume that the consumer is of full age and legal capacity. Such a consumer must be able to decide for himself whether he wants to activate the card through the Post-Ident procedure or not. www.handelsblatt.com
07.03.2011
dpa statement by Prof. Dr. Jan B. Nordemann on the zu Guttenberg affair.
On 25.02.2011 the Deutsche Presse Agentur (dpa) asked BOEHMERT & BOEHMERT partner Prof. Dr. Jan Bernd Nordemann to give a statement on the zu Guttenberg affair in his capacity as an expert in copyright law and media law.
In Nordemann’s opinion there has been a clear breach of copyright. The case could well have legal consequences in the civil courts. In Nordemann’s opinion criminal prosecution is less likely, as this would depend on there having been forethought, and proving this would be a complex task. Should it transpire, however, that zu Guttenberg was guilty of negligence in making a false declaration under oath, this might have consequences, in Nordemann’s opinion, and a failure to be sufficiently circumspect when making statements was an example of negligence. Nordemann goes on: “Plagiarism only comes to light when people use modern media.” And for that reason he was inclined to defend the doctoral supervisor, since no one can know all sources of information by heart. “As a piece of work, taken overall, it’s not a bad thesis, because zu Guttenberg selected the right passages to quote.
”Prof. Dr. J. B. Nordemann’s opinion has since been drawn on and published by many German media organisations including the Süddeutsche Zeitung, Die Welt, Stern, n-tv, sat1 and other regional and supra-regional print media and online portals. Source: dpa
27.02.2011
Michaela Huth-Dierig in IHK Special on Product and Brand Piracy.
In the 10/2010 edition of Bayerisch-Schwäbischen Wirtschaft, the magazine published by Swabia's Chamber of Trade and Industry (IHK Schwaben), BOEHMERT & BOEHMERT partner Michaela Huth-Dierig explains how companies can arm themselves against product and brand piracy. On 17 November, IHK Schwaben held an information event on this subject concentrating on the legal basics in the fight against product piracy. In the article "Effectively Arming against Product and Brand Piracy" (p. 40/41), brand law expert Huth-Dierig explains how companies can protect themselves from the increasingly frequent practice of product and brand piracy. In particular, the establishment of register rights (such as brands, patents and industrial designs) are important here; just as the establishment of an international legal position. The full article can be read here: http://www.schwaben.ihk.de/bsw-online/archiv_2010.htm#ausgabe10
18.11.2010
Prof Jan Bernd Nordemann comment on the "Controlled Offer on the Internet" decision in the FAZ
On 17 November 2010, Prof Jan Nordemann commented on the decision of the Federal Supreme Court on offering "deep links" in the article "Controlled Offer on the Internet" in the Frankfurter Allgemeine Zeitung (FAZ Newspaper). This decision allows companies to steer their customers better, Nordemann says. Offering deep links can be made to a business model. Companies can now sell their contents either as direct link or can earn money with advertising on the start page. In the case at hand, a card provider had published its material with protective features making a visit to the start page necessary. This visit was avoided in the webpage offer of an apartment firm which provided a direct link to the card material. The decision of the Federal Supreme Court now strengthens copyright law. Prof Jan Nordemann says: "As provider, you must only provide a certain level of technical protection."
17.11.2010
Ring tone licensing still harbours potential for legal dispute in spite of Federal Court judgement
In the 36/2010 edition of the music magazine der musikmarkt, BOEHMERT & BOEHMERT partner and music law expert Dr Martin Schaefer analyses the "Ring Tones for Mobile Phones II" decision of the Federal Supreme Court. The judgement makes clear that a two-stage licensing procedure is lawful. Nevertheless, Dr Martin Schaefer forecasts further legal dispute in future as the placing individual and collective protection of rights side by side leaves numerous questions unresolved. The complete analysis can be found in musikmarkt 36/2010, p. 8/9.
14.09.2010
What does the German Constitutional Court's decision Data Retention mean for the Music Industry?
In the 14/2010 edition of the magazine musikmarkt, BOEHMERT & BOEHMERT partner and music expert Dr Martin Schaefer comments on the decision of the German Constitutional Court on data retention and its implications for the music industry. Dr Schaefer summarised the decision as follows: Whilst the Court limits the legislator with respect to the compilation and use of data for clandestine investigation, it has no concerns in principle when it comes to the evaluation of telecommunications data in order to determine the identity of the offender when a concrete breach of copyright has already been ascertained from a certain IP address. For the music and other contents industries this means: "Defending one's rights against internet pirates no longer means coming under fire as an enemy of data protection legislation," Dr M Schaefer explains.
16.04.2010
Patent trolls and plagiarism – statement by Dr C Czychowski in Handelsblatt.
In its article "When the Police clear the Trade Fair Stand", the German financial newspaper, Handelsblatt, reported on the German authorities' approach to plagiarism among trade fair exhibitors. At trade fairs in particular, an increasing number of counterfeiters are being caught and their products confiscated. All the same, "it's not always simple to prove patent infringement before a civil court," BOEHMERT & BOEHMERT partner Dr Christian Czychowski states in the Handelsblatt article. "For a search or confiscation, the police only need reasonable suspicion," Czychowski says. In order to put pressure on exhibitors to quickly sign a licence agreement where confiscation or search is threatened, patent trolls are used. These buy up patents without producing the ideas on which they are based, Czychowski explains. Patent trolls abuse the German criminal courts in order to force licence agreements.
11.04.2010
Comment by Dr M Schaefer on the "Ring Tone Decision" in musik.woche. BOEHMERT & BOEHMERT music rights expert Dr Martin Schaefer comments on the recent Ring Tone Decision by the Federal Supreme Court on the hit "Never Leave You". His comment is published in the music magazine musik.woche and its online portal www.mediabiz.de (05.01.2010). Counsel for the plaintiff prompted the debate towards the end of 2009 with comments on the interpretation of the judgement. As counsel for the defendant, Dr Martin Schaefer responds in musik.woche and points out that the music publisher appearing alongside the joint author as plaintiff have now been defeated in the final instance. He also regrets that the Federal Supreme Court made its decision too simple by avoiding the central issue of the case. According to the defendant, "the question before the Supreme Court ought to have been whether GEMA could issue effective ring tone licences on the basis of the agency agreements between it and the individual music publishers – and with what consequences for the rights of the author and music publisher." The complete comment can be found here: http://www.mediabiz.de/musik/news/martin-schaefer-kommentiert-klingeltonentscheid/284064
18.01.2010
"EU Patent Court – A Pebble in History" - B&B Expert Commentary in the FAZ.
On 09.12,2009, the German daily newspaper, the Frankfurter Allgemeine Zeitung The main hurdle to the long-standing aim of creating a Community patent, the convention of speech, has still not been solved. BOEHMERT & BOEHMERT patent attorney Dr Thomas Bittner comments on this decision in the FAZ. Bittner explains that "nations which are culturally and linguistically aware" do not find it easy to agree on conventions comparable with the "London Agreement" on European patents under the European Patent Convention. This agreement provides that Contracting States no longer require individual translations in certain cases resulting in considerable reductions to translation costs. Bittner states that the European Court must reconcile various legal cultures "whilst maintaining the quality of jurisprudence". The decision of the Council of Ministers is therefore at best "a pebble in history."
09.12.2009
FAZ: "Karlsruhe ends Lego protection".
On 17 July 2009, the Frankfurter Allgemeine Zeitung Both large competitors, Mega Brands and Best-Lock, both of which manufacture building blocks compatible with those produced by Lego, contended the legality of Lego's brand protection. BOEHMERT & BOEHMERT partner Prof Axel NORDEMANN represented the Canadian applicant Mega Brands in these proceedings.
23.07.2009
ZDF Morning Magazine: "Tracking illegal downloads" - with Prof. Dr. J. B. Nordemann.
ZDF's Morning Magazine broadcast an interview with Prof J. B. NORDEMANN on 21 July 2009. Prof Nordemann gave his views here on the current legal proceedings faced by music download site "The Pirate Bay" and on aspects of copyright law. Not only consumers carrying out illegal uploads and downloads must beware - consumers are asked here to refrain from breaking the law through their internet behaviour - but internet providers who provide consumers with the means for their illegal conduct must also carry a share of the responsibility. The entire interview can be seen on www.zdf.de.
23.07.2009
Boehmert & Boehmert Music Rights Expert Dr. Martin Schaefer comments on the recent Ring Tone Judgement delivered by the BGH in the specialist magazine MusikWoche (2+3/2009)
12.01.2009
According to the July edition of the magazine Markenartikel BOEHMERT & BOEHMERT takes first place amongst law firms registering trademarks with the German Patent and Trade Mark Office, with 514 registrations. The “Top Law Firms” article shows a current rating for the 50 most active German registering law firms. www.markenfacts.de
In the Welt newspaper dated 13th June 2007, BOEHMERT & BOEHMERT partner Dr. Christian Czychowski explains what companies should consider when purchasing second-hand software in the article “Companies save with second-hand software” (Unternehmen sparen mit Second-Hand-Software). He states that the basic legal principles for trade in used software are now clarified to a large extent; nonetheless there are still key aspects which companies must take into account.
The June 2007 edition of the magazine Markenartikel runs an article on the number of EU trademark registrations in Europe under the title “Registration Giants – Trademark Facts – the Top Law Firms in Europe” (Melderiesen – Markenfacts der Top-Kanzleien in Europa). BOEHMERT & BOEHMERT is the only German law firm appearing in the ranking list. Partner Prof. Dr. Jan Bernd Nordemann makes comments in this article regarding the need for action on and implementation of the EU enforcement directive.
On the 14th of June 2007, the FAZ reported on the current dispute between the successful author Tom Wolf and be.bra Publishers in the article “A slice of happiness: Prussian blue: A successful author sues his publisher”. BOEHMERT & BOEHMERT partner and copyright expert Dr. Anke Nordemann-Schiffel is representing be.bra Publishers in this dispute which may determine the direction of rulings affecting the entire German book trade. The dispute revolves around the interpretation of the “bestseller clause” 32 of the new copyright law regarding the so-called “adequate remuneration” of authors.
The professional journal World Trademark Review (edition 6, March/April 2007) focused on the current state of trademark and patent law in Germany in its article "Europe's trademark powerhouse bounces, Dr. Florian Schwab, BOEHMERT & BOEHMERT partner at the Munich site, in this article comments on different aspects of the trademark registration procedure and explains specifics of the German market with regard to IP topics. The complete article can be viewed here:
Prof. Dr. Jan Bernd Nordemann urgently points out that many start-up enterprises pay too little attention to the topic of protection of intellectual property in the article "The Power of Trademarks" of the Berliner Morgenpost supplement dated April 18, 2007. They frequently realize too late or not at all that immaterial values such as patent laws or trademark laws are important value drivers of their intended business. "Those who would like to get money from a financial investor must prove that no holder of rights could suddenly threaten the yield chances with licence demands or perhaps even prevent market entry completely", explains Dr. Nordemann. To the article: http://www.morgenpost.de/content/2007/04/18/beilage/894859.html
The article "Remedies for Plagiarism: The Search for Good Ideas” in the CeBIT supplement of the Süddeutsche Zeitung dated March 15, 2007, explains how enterprises nowadays actively proceed against patent law violations at trade fairs. Patent law expert Dr.Christian Czychowski comments on procedures and possibilities in this article. To the article: http://www.sueddeutsche.de/computer/artikel/825/105720/
In the Märkische Allgemeine of March 3 and 4, 2007, B & B partner Dr. Andreas Dustmann explains the new legal position of mandatory information in business e-mails. Dustmann hereby also warns of solicitor's offices in the region that concentrate on the inexperience of enterprises with regard to this new legal situation.
The magazine GRUR includes an article by Prof. Dr. Jan Bernd Nordemann in its edition of March 1, 2007, on the subject "Copyright Contract Law and New Antitrust Law Pursuant to Art. 81 EU and § 1 GWB [Act Against Restraints of Competition]“.
The MIT magazine examines the trade with second-hand software in its January/February 2007 edition. In it B & B partner Dr. Christian Czychowski explains the important legal details that entrepreneurs should take into consideration when purchasing new or used software.
The JUVE Rechtsmarkt reported in its February edition 2007 on the occasion of Prof. Dr. Heinz Goddar’s appointment as honorary professor at the University of Bremen for the area of studies "Industrial Property Protection".
