German Ip news
Confusion of the chocolate kind?
left or righ 
The one on the left was registered way before and the one on the right was offered for registration much later. The first registrant then objected to the German Patent and Trade Mark Office (DPMA), whom after looking at it, initially concurred that there was some likely hood of confusion. The later then appealed and on consideration, the DPMA decided that there was some differences between the two, and thus allowed for its registration.
On further appeal to the Federal Patent Court, it was decided that although the two looks similar, and also represents trademarks of similar products (chocolates), there was ‘no’ confusion and the general public could distinguish between the two as separate brands. The court further concurred that the earlier mark's degree of distinctiveness was "lower than average", and also pointed out that as it is only a painting, there is less of character as compared to the later, which covered more distinctiveness as it was a photograph. Does this open up more cases of trade marking disputes later on although on hindsight, such cases should have taken into consideration as to why people choose not to use a representation that has distinct differences?
August 27, 2009.
Here comes the cheap Viagra
Users of the erectile dysfunction drug Viagra is looking forward to the day when they can buy a cheaper version of the drug because the manufacturer Pfizer will cease to have patent protection by 2013. On standby are generic medical suppliers that have a low cost version and are ready to load the market with their stock, and users will be thrilled no doubt. One of the German supplier, Ratiopharm , has already applied for approval for their version, and they expect to get it by end of the year. Until then, Viagra users will just have to bear with buying at the present price. There are of course available from the market knockdown versions made by third world countries, but with questionable quality, with some even causing side effects. But like cigarettes, when you crave for it and don’t have enough dough in your pocket, you will go for low quality stuffs, even though you know it has questionable qualities.
November 19, 2009.
Another Patent Prosecution Highway implemented
The German Patent and Trade Mark Office and the Korean Intellectual Property Office (KIPO) has agreed to implement a Patent Prosecution Highway (PPH) that will bring about a hastening in patent prosecution in either of the country. Under the PPH agreement, if patents are filed in both countries, and when one of them has granted a patent, then it can be used by the other country to also grant approval. This model, which is becoming popular, will help reduce the number of application backlogs and will help expedite introduction of new technologies into the market place.
March 26, 2010.
No to seed patents and yes to new breeding techniques
Organisms are not patentable, but new methods of breeding are allowed. That precisely is what Ilse Aigner, the German Agricultural Minister was talking to SPIEGEL. She further added “In order to preserve genetic variety, farmers and breeders should not be handcuffed by biological patents.” If reading her comments is any indication of things to come, then we could probably imbibe that the outcome of an important European Patent Office decision on a case involving the validity of two patents, one applying to broccoli and one to tomatoes. Opposition to the two patents given some years ago includes Unilever Syngenta Participations and the Greenpeace initiative called No Patents to seed.
June 26, 2010.