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Saturday, February 20, 2021
Federal Court of Justice of Germany issues prenatal death certificate for patent injunction reform: change is NOT coming
That pre-hearing statement starts with the following two sentences (my translation): It is not to be expected that the proportionality analysis envisioned by [the proposed reform statute on injunctive relief] will result in any fundamental departure from the principles of the
Heat Exchanger case law. The probability of a finding or, respectively, negation of proportionality in a given case is, therefore, not going to change with respect to the underlying principles.
There you have it again: the total failure of pro-reform lobbying efforts. They wasted time, money, and energy, and the result is going to be symbolical, but the situation won t really improve. That statement by the Federal Court of Justice will be cited by plaintiffs and, ultimately, by the lower courts.
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Fresh calls for regulation of junk food marketing in Germany: ‘Voluntary commitments cannot work’ Voluntary codes to limit the marketing of unhealthy food and beverages to children ‘cannot work’, according to the Federation of German Consumer Organisations. The association is calling for tougher action.
Voluntary business commitments fail to ‘effectively protect children’ from the marketing of ‘unbalanced foods’. That is the conclusion of a new report commissioned by the Federation of German Consumer Organisations (VZBV).
The research, authored by Dr Peter von Philipsborn, an MD and nutrition expert from Ludwig Maximilian University of Munich, found existing voluntary commitments exclude ‘important forms of marketing’ – such as packaging targeting children and digital exposure - and offer ‘numerous loopholes’ due to vague definitions.