Kategorie: Politics Law Society

CJEU – The taste of a food product is not eligible for copyright protection The taste of a food product is not eligible for copyright protection. That was the verdict…

BGH finds false statements about product category misleading Consumers must not be misled regarding the essential characteristics of a product. According to the case law of the Bundesgerichtshof (BGH), Germany“s…

GRP Rainer Rechtsanwälte – Report on commercial agents“ right to claim compensation Commercial agents are entitled to claim compensation. The European Court of Justice (ECJ) has since clarified that this…

OLG Frankfurt – Misleading advertising by carrying over likes and reviews Franchisees need to be careful. If they change their franchise partner, they cannot simply carry over the likes and…

Purchasing cooperatives and antitrust law Purchasing cooperatives provide value to many retailers and traders. However, with these kinds of associations it is necessary to ensure that they do not violate…

Possibility of formal warnings in response to violations of the GDPR Whether a violation of the General Data Protection Regulation (GDPR) constitutes a violation of competition law and can therefore,…

BGH – Champagne must define the taste of a champagne sorbet A champagne sorbet needs to actually taste like champagne; otherwise, this description cannot be used. That was the verdict…

German Finance Ministry confirms simplification of input tax deduction from invoices Following the decision of the Bundesfinanzhof (BFH) to simplify the deduction of input VAT from invoices, the Federal Ministry…

European Commission fines electronics manufacturers for e-commerce price manipulation The European Commission has imposed fines in separate rulings on four electronics manufacturers totaling 111 million euros in response to violations…

Legality of advertising with statements on the effects of medical treatments Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific…

ECJ – Distinctive character necessary for registration as EU trade mark For a sign to be capable of being registered as an EU trade mark, it must be distinctive across…

ECJ on the protection of geographical indications of origin As in the case of trade marks, it is similarly possible to protect geographical indications of origin (GIOs). A decision of…

BAG – Employers can claw back bonus payments The Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from…

M&A – Tighter rules for foreign investors entering German market While corporate mergers and acquisitions boomed in 2018, investors from outside of the EU will now have a more difficult…