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Indications of origin: Black Forest ham need not be sliced in the Black Forest
Indications of origin: Black Forest ham need not be sliced in the Black Forest
Black Forest ham (Schwarzwälder Schinken) may be referred to as such even if it is not sliced and packaged in the Black Forest. That was the verdict of the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court (Az.: I ZB 72/19).
Geographical indications of origin can be protected in a similar manner to trademarks, something which can prove to be particularly important because of consumers associating a certain level of quality with a product”s geographical origin in some instances. We at the commercial law firm MTR Rechtsanwälte note, however, that it is disputed whether the protection afforded to a geographical indication of origin applies to all stages of production or the further processing of the product.
CJEU clarifies âlegitimate interestâ in gherkin case
16-04-2021
09-09-2016
The Court of Justice at the European Union (CJEU) has given its view on what constitutes ‘legitimate interest’ in a protected geographical indication (PGI) modification dispute over German gherkins.
Gherkin producers association Spreewaldverein had filed a request to modify specifications of products under the ‘Spreewälder Gurken’ PGI covering gherkins originating from Spree Forest in Brandenburg, Germany with the German Patent and Trade Mark Office (DPMA).
It had sought to modify the method of manufacture for the gherkins, specifically with the addition of “certain food additives”. The proposal was opposed in 2014 by German food company Hengstenberg.
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On April 6, 2021, Germany’s Federal Court of Justice (Bundesgerichtshof) ruled in Solvay’s favor on a patent invalidation case filed by Neo Chemicals & Oxides (Europe) Ltd. against a patent pertaining to ceric oxide products comprising catalysts for minimizing emissions of the latest generation automotive engines, and catalysts comprising such ceric oxide products.
The appeal case at the German Federal Court of Justice (Bundesgerichtshof) reverses an invalidation decision by the Federal Patent Court (Bundespatentgericht) in January 2019 related to the German designation of the patent EP 1 435 338 B1 . This appeal decision is final and conclusive (docket number X ZR 54/19 – BGH).
The Regional Court of Mannheim (Landgericht Mannheim) had already ruled in December 2017 that Neo Chemicals & Oxides (Europe) Ltd. (“Neo”) was infringing Solvay’s patent by supplying certain cerium oxide materials in G
Avonisys AG wins patent litigation case against Synova SA
Swiss Federal Patent Court rules in favour of Avonisys AG in all relevant aspects and convicts Synova SA under the unfair competition act:
Swiss Federal Patent Court confirms: no infringement of Synova s CH/EP 1833636 H1 (partial renunciation of EP1833636B1 in Switzerland)
Synova is convicted under the unfair competition act (UWG)
Synova has to cover 80% of the costs of the court case
Zug, 07.04.2021/PR
With its verdict released on March 31, 2021, the Swiss Federal Patent Court concluded that Avonisys patented Air-Jet technology does not infringe Synova s CH/EP 1833636 H1. During the proceedings, Synova felt compelled to partially waive the original Swiss part of the patent in suit (EP 1833636 B1) and to substantially limit the scope of the patent claims to avoid patent invalidation following significant prior art brought up by Avonisys AG.