GRP Rainer LLP

The Markenrechtmodernisierungsgesetz (MaMog), i.e. the Trademark Law Modernization Act, entered into effect in Germany on January 14, 2019, introducing a number of changes to trademark law.

The Bundeskartellamt, Germany's Federal Cartel Office, has imposed a fine of around 1.4 million euros on an asphalt manufacturer for entering into illegal arrangements in connection with supply associations.

A lot of small and medium-sized businesses are or will soon be faced with the issue of business succession. However, searching for a suitable successor can prove challenging in many cases.

Regulation (EU) 2018/302, i.e. the EU Geo-Blocking Regulation, has been in force since December 3, 2018. It obliges merchants to allow cross-border shopping. Violations may be met with severe penalties.

The Bundesgerichtshof (BGH), Germany's Federal Supreme Court, has set out new restrictions on pharmacies enticing new customers, ruling that readily offering rewards for referring new customers is now allowed.

It is illegal to advertise a specific effect attributed to a medicinal product if said effect is based merely on laboratory tests and has not been demonstrated in relation to humans.

A medical practice cannot advertise using the term "Praxisklinik" ("clinic" in English) if it does not provide overnight accommodation. That was the view upheld by the Bundesgerichtshof (BGH) in a ruling from October 17, 2018 (Az.: I ZR 58/18).

Three-dimensional signs cannot be registered as a trademark if they consist of a shape that is necessary in order to obtain a technical result.

A managing director's obligations include filing for insolvency on behalf of the company in a timely manner. He or she may be held personally liable for failing to fulfil this obligation.

Commercial agents are entitled to claim compensation. The European Court of Justice (ECJ) has since clarified that this right persists even if the commercial agency agreement is terminated during the probationary period.