The UK ratified the Unified Patent Court Agreement (“UPCA”) on 26 April 2018. The UPCA will introduce the Unified Patent Court which will establish a single scheme for patent litigation across contracting Member States.
Ulrich Worm is a partner in the Frankfurt office of Mayer Brown and heads the German Intellectual Property practice. His practice focuses on technology related advice.
Ulrich advises clients in IP related matters, including patent, trade secrets, design right, trademark and copyright matters as well as on licensing, co-operation and other technology transfer agreements. He represents clients in patent infringement and nullity proceedings and in trade secrets litigation cases before courts in Germany. In addition to litigating IP cases before German courts, he coordinates pan-European and cross-Atlantic litigation cases. Further to his IP litigation practice, Ulrich advises on patent related matters such as patent license and other technology transfer agreements and is experienced in fighting counterfeiting of patent, design right and trademark protected products.
His practice further covers IT-related matters, including advising on cloud services, software licensing agreements, SaaS agreements, software development projects, e-commerce, and related data protection and privacy questions.
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 Regulation (EU) 2017/745 on Medical Devices (MDR) entered into force in 2017. Although most of the provisions will only apply as of 26 May 2020, the time for impact assessments, such as content-related evaluations of the new legal text and approaches to the implementation of the MDR has begun. On 13 November 2017, the EC published its first roadmap for the implementation of the MDR.
This article written by our lawyers Geneviève Michaux and Chistoph J. Crützen highlights the key dates for the MDR and explains the roadmap towards implementation.
On 21 November 2017, the German Federal Patent Court decided about a license fee for the HIV-Drug Isentress for which it has granted a compulsory license in 2016. Continue Reading German Federal Patent Court Determines License Fee for a Compulsory License under HIV Drug Patent
According to reports published on 11 June 2017, the German Federal Constitutional Court has requested the Federal President of Germany to refrain from signing the law that is necessary to ratify the Agreement on a Unified Patent Court (UPC). The president has agreed to comply with this request. The president’s signing is the last step required for a law to come into force after it has already passed both legislative chambers in Germany. Continue Reading UPC: German Ratification Postponed Due to a Request by the German Federal Constitutional Court
On 12 January 2017, the German Federal Court of Justice has handed down its second landmark decision on cheat software within three months. After clarifying the question under which conditions cheat software may constitute copyright infringement in October last year, the Federal Court of Justice has now decided that cheat software can constitute an act of unfair competition, too.
To be able to play online games, e.g. World of Warcraft (WoW) or Diablo III , it is necessary to download a client software and install it on the computer. Achieving progress within the game regularly takes several hours. To save time and to easily achieve the goals of the game some companies develop software, so-called cheat- or buddy-bots, allowing the player to overcome the challenges of the game automatically. Online game developers are not pleased by this fact, which is why they try to prevent the distribution of such cheat bots up front. Continue Reading German Federal Court of Justice Shows the Red Card to Cheat Software for Online Role-Playing Games
The future of the European Unified Patent Court (UPC) appears to look a bit clearer following recent ratification activities. On 16 January 2017, the Preparatory Committee for the UPC announced on its website that it is working under the assumption that the UPC can become operational in December 2017. However, the Committee stated that this timeline is conditional on a number of factors, with the most important being “the necessary ratifications of the [UPC Agreement] and accession to the Protocol on Provisional Application”. So far, twelve EU Member States have ratified the UPC Agreement, including France (14 March 2014) and Italy (10 February 2017). Continue Reading German Parliament Approves Ratification of the UPC Agreement
On 14 February 2017, the organization Cloud Infrastructure Services Providers in Europe (CISPE) issued a press release that a number of leading cloud computing vendors operating in Europe have declared compliance with the CISPE Data Protection Code of Conduct (the “Code”) for some or all their services. All cloud infrastructure services compliant with the Code requirements are listed on the CISPE Public Register. The providers of these services can display a certification mark on their websites to notify their customers of their services’ compliance with the Code. Continue Reading European Cloud Industry Body Sets Up Data Protection Code of Conduct
On 28 November 2016, the UK government issued a press release that, despite the UK’s leave from the EU, commonly known as “Brexit,” it still plans to ratify the Agreement on a Unified Patent Court (“UPC Agreement”) over the coming months. The UPC Agreement was signed by 24 out of 25 EU Member States that participate in the enhanced cooperation procedure to create a unitary patent system in the EU, including the UK. Continue Reading UK Government Signals Preparations to Ratify the UPC Agreement Despite Brexit
On 15 November 2016, the US Federal Trade Commission (“FTC” or the “Commission”) issued an “Enforcement Policy Statement” (“Policy Statement”) to provide guidance about its enforcement policy on marketing claims for over-the-counter (“OTC”) homeopathic remedies. The FTC concluded that marketing claims that OTC homeopathic products have a therapeutic effect (beyond placebo) lack a scientific basis. Consumers were therefore likely to be deceived by labels that do not disclose the lack of “adequately substantiated evidence” that those products have the claimed treatment effects. Continue Reading US Federal Trade Commission Wants Marketers of Homeopathic Remedies to Disclose Lack of Scientific Evidence