Clemens Rübel

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Russia enables free use of Russian patents and other intellectual property of rights holders in countries committing “unfriendly acts”

On 7 March 2022 a decree of the Russian government took effect, announcing that compensation need not be paid for the unauthorised use of Russian patents, utility models and designs to rights holders connected with foreign countries committing “unfriendly acts” against Russian legal entities and individuals. In the case of patents, the citizenship of the … Continue reading

COVID-19: Major risk flowing from non-exclusive IP licenses under German insolvency law

The COVID-19 pandemic poses a major challenge for large parts of the economy, causing many companies to fail and a domino effect on other companies with which they had business relationships. Where a party to an IP license becomes insolvent and regular insolvency proceedings are commenced, an insolvency administrator will take over the management of … Continue reading

German patent interim injunctions require the patent to have survived validity proceedings

In its decision dated 12 December 2019, the Higher Regional Court Munich ruled that in principle, an interim injunction for patent infringement should not be ordered unless it can be satisfied that the validity of the patent-in-suit is ensured, for example where the patent is shown to have “survived” contested proceedings on validity (Higher Regional … Continue reading