Europe

In a recent decision, the Athens Full Member Court of First Instance (IP Division) ruled that the successor-in-title of a patent is not entitled to a claim for damages regarding the time period between the patent’s transfer agreement and the corresponding recording thereof in the patent register. In essence, the court dismissed the successors-in-title’s claim for damages for the abovementioned time frame due to lack of legal standing, making it clear that damages can only be sought for the time after a patent transfer has been recorded .

The Court of Justice of the European Union (CJEU) dealt with the issue of acceptance of sales services in opposition procedures in the joined cases of C-155/18 and C-158/18 P, Tulliallan Burlington v European Union Intellectual Property Office (EUIPO) and Burlington Fashion.

Richard Vary, Clemens Heusch and Matthias Schneider reveal their views on component-level versus end-point licensing and Unwired Planet

Giancarlo Penza of Bugnion examines the different elements involved in establishing a FRAND licence, including NDAs, counter-offers and litigation

Under the exceptional circumstances caused by the COVID-19 pandemic, the EPO has postponed all oral proceedings in opposition scheduled for the rest of the year. Only oral proceedings already scheduled to take place by videoconference or to be held by videoconference with the parties' consent will take place this year. Oral proceedings in examination are still being held by videoconference whilst oral proceedings in appeal in principle still take place as scheduled.

In Germany, inventions which are created by employees during the term of their employment, so-called service inventions, are subject to the Act on Employees' Inventions (ArbnErfG). According to the act, all rights in the invention are assigned to the employer if the employer does not release the invention to the employee.