Maiwald Blog

Maiwald blog articles

FCJ: Current decisions on the cease-and-desist declaration according to “Hamburger Brauch” (“Hamburg custom”) – Part 1

In its ruling of October 27, 2022 (Case No. I ZR 141/21), the German Federal Court of Justice (FCJ) made it clear that the regular limitation period in a clai...

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New unitary patent or classical bundle patent? Use the cost simulator on our website!

In all probability, the Unitary Patent System will kick off on 1 June 2023. Applicants of European patents which will be granted on or after that date, thus, have two options....

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No use as trademark in a company’s own customer loyalty system

According to a decision of the OLG Nuremberg, the use of a sign for a company’s own customer loyalty system does not constitute use as a trademark, unlike in the cas...

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Parallel import of pharmaceuticals: ECJ strengthens rights of trademark owners

On 17 November 2022, the ECJ in its cases C-253/20 and C-254/20 [1] addressed the question of whether and under what conditions a parallel importer may import and market under...

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Despite delayed Start of the Unitary Patent System: Transitional Measures of the EPO starting from January 1st, 2023

Last week it was announced that the planned start of the Unitary Patent System will be postponed to June 1, 2023. Accordingly, the start of the Sunrise Period is scheduled for...

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