Claim for recovery of property within the framework of a distribution cooperation (District Court Düsseldorf I)

Decision keyword:

silicone implant

Law applied:

IntPatÜbkG Art. II § 5 (2)

EPÜ Art. 60

BGB § 195, § 199

ZPO § 130d

PatG § 8

Summary:

There is a right to the complete transfer of a patent application or a patent – and not just to the granting of joint rights – if, within the framework of a distribution cooperation, information about the invention underlying the application is passed on by the inventor to his distribution partner and the latter subsequently develops the invention further and applies for a patent, contrary to the express agreement or the actual content of the cooperation.

LG Munich I, final judgment of January 30, 2025 - 7 O 6695/22

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