June 2021

Editorial

Dear Readers,

In this issue we have again a very wide range of topics from intellectual property to German FDI Screening.

We wish you an interesting reading.

Kindest regards,

Dr Gökce Uzar Schüller, Lawyer, Frankfurt and Istanbul

One less MONOPOLY – the trademark use requirement and repeat registration
Trade marks have to be used, either by their owners or by a licensee. Otherwise they "lapse", i.e. cannot be enforced against third parties and can be cancelled upon request. However, there is a grace period of 5 years. What if, instead of using a trademark, a new one were to be registered? - In a judgment of 21 April, the Court of Justice of the European Union (CJEU) established the conditions subject to which such repeat trademark registration may be cancelled on the grounds of "bad faith" (judgment of 21 April 2021, T-663/19, not final and absolute). more
New German Packaging Act: The legislative amendment already passed and the German government’s current plans
The German Packaging Act [Verpackungsgesetz – VerpackG] has been in force since 1 January 2019 and replaced the German Packaging Regulation [Verpackungsverordnung – VerpackV] in force up to then. It applies to all forms of packaging and is a special law (lex specialis) clarification of responsibility for products enshrined in Sec. 23 of the Life Cycle Management Act [Kreislaufwirtschaftsgesetz – KrWG]. more
Further expansion of German FDI screening
On 1 May 2021 the 17th Amendment [17. Änderungsverordnung] to the German Foreign Trade and Payments Ordinance [Außenwirtschaftsverordnung – AWV] entered into force, which in particular broadens the scope of application of transactions subject to a mandatory filing to include further sectors, notably high-tech. The Amendment will apply to all contracts signed after its entry into force. more
Recast of Dual-Use Regulation
The recast of the Dual-Use Regulation is expected to be published in the Official Journal of the EU at the beginning of June 2021. Given the various changes this recast version brings for the economic operators, they will have to prepare themselves in good time before it will enter into force 90 days after its publication. more
Turkey: Recent Regulations Related to the Covid-19 Pandemic
The impact of Covid-19 is continuing to evolve in Turkey and businesses need to update their knowledge to keep up with the ever-changing regulations. For this purpose we provided various reports in our earlier newsletters concerning legal changes in Turkey relating to the pandemic. Our new update includes the recent shifts in legislation after our last report and other legal developments. more