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Latest post from the


27 Jan 2015
by Thorsten Bausch

Federal Court of Justice: Claims Normally Cover at Least one Embodiment

In “Zugriffsrechte” (Rights of Access) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none of the embodiments described in the specification. To simplify the facts, …
Latest post from the


27 Jan 2015
by Olivier Sasserath

Allposters ECJ Decision: no exhaustion of rights in modifications of the copyright work.

In its recent decision (22 January 2015) in the Allposters case (C-419/13), the ECJ confirmed that exhaustion of the distribution rights does not apply to works that have been modified. The copyright owner can therefore still oppose the distribution of …


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