Christian Wulff, a former German Federal President who resigned in February 2012, caught the attention of the public in May 2015 with his announcement that he was back together with his ex-wife Bettina Wulff. Following this, the press published a photograph of him pushing a cart at the parking lot of a supermarket next to his wife, Bettina Wulff. Mr. Wulff felt hurt in his right to privacy. He filed a lawsuit aiming to prohibit the publication of this private photo. In first and second instance Mr. Wulff was successful; the German Federal Court now overruled the previous decisions and decided that Mr. Wulff’s right to privacy were not infringed by the publication of the photo. Continue Reading The Right to Privacy of a Former Federal President
Ana Hadnes Bruder is a professional support lawyer in the Litigation & Dispute Resolution and Intellectual Property practices of the Frankfurt office.
Ana is a Brazilian and Portuguese lawyer. She is also registered with the Frankfurt bar and has the authorization to practice law in Germany. Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in the tourism sector in Paris, where she worked with litigation, intellectual property, internal compliance and expansion projects in Europe and Brazil. Other than German and her mother language Portuguese, she speaks English, French, Italian and Spanish.
Ana represents clients in litigation and arbitration procedures involving commercial, intellectual property, liability and antitrust matters. In the field of intellectual property, Ana advises clients regarding trademark and patent infringement proceedings, acquisition and licensing of IP rights, research and development and cooperation agreements, including any antitrust aspects involved. Ana also provides guidance in the field of data protection.
On 1 March 2018, new arbitration rules of the German Institution of Arbitration (“Deutsche Institution für Schiedsgerichtsbarkeit“, “DIS”) will come into force. The revised DIS Rules are designed to suit the needs of both domestic and international parties. They also aim to enhance the efficiency of arbitration, providing proceedings that are non-bureaucratic, flexible and open to party autonomy.
IP arbitration is a growing trend. Parties to a licensing agreement, to a technology transfer agreement or even competitors fighting over the amount of FRAND royalties for a Standard Essential Patent may wish to refer their dispute to arbitration to keep the dispute confidential and to have IP experts solve the matter as arbitrators. The DIS arbitration rules are not specific to any sector or type of dispute and are also suitable for IP disputes.
View the key amendments to the DIS arbitration rules in the following article by our Arbitration experts Dr. Mark C. Hilgard, Dr. Jan Kraayvanger, Armineh Gharibian, Dr. Nadine Pieper und Ana Bruder:
The Olympic Games 2016 which take place in Rio de Janeiro, Brazil, from 5 to 21 August are supported by a huge volume of marketing and advertising campaigns. As many countries have done before, Brazil enacted special legislation to protect the Olympic symbols and expressions specific to the games hosted in Rio. The protection offered in these Olympic-special legislations often can go beyond what would normally be available under trademark or copyright protection laws. For example, the London Olympic Games and Paralympic Games Act 2006 created a sui generis right of association to prevent the use of any representation that is likely to suggest an association between the London Olympics and goods or services. Continue Reading The Brazilian Olympics and Intellectual Property
The EU Trademark Regulation (2015/2424/EU) (the “new Regulation”) amending the Community Trademark Regulation (the “old Regulation”) entered into force on 23 March 2016. Among other things, it brought about new rules concerning the transit of counterfeit trademark goods through the EU. Continue Reading The Transit of Goods Under the New EU Trademark Regulation
On 11 April 2016, the German Federal Cartel Office (FCO) announced that the German League Association (Ligaverband) and the German Football League (Deutsche Fußball Liga, DFL) have committed that no single pay-TV buyer can win exclusive live broadcasting rights to Bundesliga league games for the 2017/2018–2020/2021 seasons. The FCO made this “No Single Buyer” rule a precondition to green-light the proposed tendering model. Currently Sky Deutschland holds all domestic live broadcasting rights for Germany’s top football leagues until the end of the 2016/2017 season, having won the last tender in 2012. Continue Reading German Federal Cartel Office: “No Single Buyer” for Football Broadcast Rights
The EU Trademark Regulation (2015/2424/EU) amending the Community Trademark Regulation entered into force on 23 March 2016 (the “new Regulation”). The new Regulation is part of the EU trademark reform legislative package that also includes the replacement of the existing EU Trademarks Directive (2015/2436/EU). Some of the main changes brought about by the new rules are briefly outlined below. Continue Reading The New European Union Trademark Regulation
The Diary of a Young Girl, written by Anne Frank between 1940 and 1944 while she was in hiding, is widely considered a touchstone of both literature and history. Anne Frank and her family hid from the Nazis in the occupied city of Amsterdam during World War II. They were ultimately discovered, and Anne died of typhus in the concentration camp of Bergen-Belsen in 1945. Continue Reading The Diary of Anne Frank – A Maneuver to Extend Copyright Term Spawns Controversy
On 21 October 2015, the German Federal Court of Justice ruled that a bank cannot refuse to disclose personal data of a client if that client’s bank account was used to receive payments for the sale of counterfeit trademark goods. In this case, the fundamental right of the trademark holder to protect its intellectual property prevailed over the banks’s right to secrecy. Continue Reading Banks Must Disclose Personal Data if a Bank Account Was Used for IP-Infringing Activities
The exclusive rights conferred by a patent may be subject to limitations based on competition law. For example, patents that have been declared essential to an industry standard (so-called standard essential patents, “SEP(s)”) shall be made available for licensing to all third parties under fair, reasonable and non discriminatory (“FRAND”) terms in order to comply with Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) which sets forth that any abuse of a dominant position within the internal market shall be prohibited. This interface between patent and competition law is an area of potential friction and has been a matter for the courts for some years. Continue Reading Court of Justice of the European Union Provides Restrictions for Asserting Standard Essential Patents in Europe
Two recent judicial decisions in Germany have the potential to limit the scope of protection conferred by color trademark registrations. Since color marks lack inherent distinctiveness and are, therefore, not per se registerable, the issue, in both proceedings, turned on whether the applicant had submitted actual evidence of acquired distinctiveness. Continue Reading German Courts Decide on the Validity of Color Trademarks (and on the Evaluation of Survey Evidence)