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ITMA ASIA CITME 2025: CEMATEX supports defense against product piracy

As at the ITMAs in Europe and ITMA ASIA CITME, there will be an IPR office at the trade fair in Singapore. Successful action against counterfeiting requires property rights and good preparation.

EUGH specifies requirements for exclusive distribution

Errors in the allocation of exclusive distribution territories can jeopardize the exemption of exclusive distribution, the ECJ has ruled. Companies should review their distribution agreements.

Telephone advertising without (presumed) consent inadmissible

The use of publicly accessible telephone numbers for advertising purposes does not fall under the GDPR's authorization to safeguard legitimate interests unless the advertiser has at least presumed consent within the meaning of Section 7 UWG.

Regulation on compulsory Union licenses

As part of the latest trilogue negotiations, the Council of Ministers and the European Parliament have reached a provisional agreement on the Regulation on compulsory Union licenses for crisis management.

On the place of jurisdiction for online publications

Even after the reform of the Unfair Competition Act (UWG), the so-called "flying jurisdiction" for infringements in the online sector remains permissible in principle. The only exception is if there is a risk of abusive, mass action.

Fines for recycling end-of-life vehicles

Legal requirements relating to environmental protection and the circular economy may be challenging to implement, but they are no exception to the ban on cartels.

Revocation of an EU figurative mark

The General Court of the European Union recently dealt with a case concerning the partial revocation of an EU figurative mark (General Court, judgment of 22.01.2025, Ref. T-517/23).

EUGH referral: Management board liability for cartel fines?

Are managing directors liable for cartel fines imposed on the company? The ECJ must now answer this question.

The BGH makes it easier to issue warnings for data protection violations

The BGH has confirmed that data protection violations can be prosecuted not only by the data subjects themselves, but also by competitors and consumer associations.

More comprehensive protection of trade secrets through Section 273a ZPO

Section 273a of the German Code of Civil Procedure (ZPO), which was introduced on April 1, 2025, provides extended protection for owners of trade secrets.

Misleading through automatic e-mail replies

Automatic email responses can justify a warning under unfair competition law.

Decision of the Austrian Supreme Court on trade secret protection

The Austrian Supreme Court issued a decision on the protection of trade secrets against former employees. Accordingly, the owner of a trade secret must protect it appropriately from a former employee.

Liability for incorrect information provided by AI

A business service is fully liable for incorrect information about companies generated by AI if an error-prone system is deliberately used and responsibility for the content is assumed.

Ruling on training AI with copyrighted works

The question of whether copyright-protected works may be used for AI training purposes is becoming increasingly important. The Hamburg Regional Court has now issued its first ruling on the use of images by an AI provider.

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