KluwerLawBlog: German Court (BGH) strengthens significance of EPO’s and foreign courts’ decisions
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Started by: ggiedkeggiedke
Date: 09 Jul 2010 12:22
Number of posts: 1
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Summary:
The German Federal Supreme Court (Bundesgerichtshof) has recently made clear that every court has to take into account preceding decisions of the European Patent Office and of courts of other contracting states to the European Patent Convention if these decisions essentially concern the same questions. Although there is no principle of precedence in Germany – neither in respect of German nor of foreign decisions –, the recent ruling of the Federal Supreme Court (...) requires more than just regarding other decisions with favour. Every court has the obligation to deal with the arguments brought forward in other – German, EPO or foreign – decisions.
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