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  1. Legal news
    06 May 2020
    German Federal Supreme Court decides in spectacular music sampling case – for the fourth (and last?) time
    www.twobirds.com/en/news/articles/2020/germany/german-federal-supreme-court-decides-in-spectacular-music-sampling-case

    The German Federal Supreme Court has issued yet another decision in the long-running music record sampling case known as “Metall auf Metall”, providing some clarity on when sampling will be infringe copyright.

  2. Legal news
    26 May 2020
    No copyright violation by publication of book excerpts of a member of the German Parliament through an internet news portal
    www.twobirds.com/en/news/articles/2020/germany/no-copyright-violation-by-publication-of-book-excerpts-of-a-member-of-the-german-parliament-through

    Franz Gernhardt reports on the highly anticipated decision of the German Federal Court of Justice regarding the degree to which a news portal can use excerpts from a book when relying on the exception for reporting on ...

  3. Legal news
    02 July 2020
    The Afghanistan Papers – Germany cannot prohibit the publication of military situation reports by invoking copyright law
    www.twobirds.com/en/news/articles/2020/germany/the-afghanistan-papers-germany-cannot-prohibit-the-publication-of-military-situation-reports

    Roman Brtka reports on a recent decision by the German Federal Court of Justice ruling on the German Government's attempt to prevent press publication of classified reports on the basis of copyright infringement. Roman ...

  4. Legal news
    21 January 2020
    Ad blocking software - conflicting priorities on a two-sided market and competitive concerns
    www.twobirds.com/en/news/articles/2020/germany/ad-blocking-software-conflicting-priorities-on-a-two-sided-market-and-competitive-concerns

    Our German partner Jörg Witting and associate Heike Lesch look at the recent decision of the German Federal Supreme Court on ad blocker software and the relevant antitrust aspects.

  5. Legal news
    05 January 2018
    Part One - Let the games begin: German IP law in the world of esports
    www.twobirds.com/en/news/articles/2018/germany/german-ip-law-in-the-world-of-esports-part-one

    Growing numbers of viewers and rising profits are making esports increasingly interesting for event organizers, sports leagues, sponsors and with traditional sports clubs even establishing their own esports divisions.

  6. Legal news
    09 January 2018
    Part Two - Let the games begin: German IP law in the world of esports
    www.twobirds.com/en/news/articles/2018/germany/german-ip-law-in-the-world-of-esports-part-two

    The use of trade marks on in-game virtual products (e.g. manufacturer logos) is probably permissible in light of the principles established by the German Federal Court of Justice in the Opel-Blitz II decision.

  7. Legal news
    11 February 2020
    New German legislation allows access to the iPhone's NFC antenna
    www.twobirds.com/en/news/articles/2020/germany/new-german-legislation-allows-access-to-the-iphones-nfc-antenna

    As part of the implementation of the fifth Anti-Money Laundering Directive (AMLD5), the German Parliament has decided to require providers of technical infrastructures, such as Apple in relation to the Near Field ...

  8. Legal news
    18 August 2020
    Germany - Federal Cartel Office approves Intersport’s online platform
    www.twobirds.com/en/news/articles/2020/germany/federal-cartel-office-approves-intersports-online-platform

    Intersport switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". The FCO approved the business model due to it ...

  9. Legal news
    09 January 2019
    It’s Christmas (lottery) time – “El Gordo” is reaching the German lottery market
    www.twobirds.com/en/news/articles/2019/global/its-christmas--lottery-time-el-gordo--is-reaching-the-german-lottery-market

    Having turned on German TV or radio broadcasts during Christmas time, it was rather difficult not to know about the “El Gordo” draw in Spain. This is an obvious sign that the harmonised internal market is functioning ...

  10. Legal news
    20 January 2021
    “Digitalisation Act” approved – Germany pioneering antitrust regulation of digital markets
    www.twobirds.com/en/news/articles/2021/germany/digitalisation-act-approved-germany-pioneering-antitrust-regulation-of-digital-markets

    On 14 January 2021, the German parliament approved the so long discussed reform of German competition law which was now also confirmed by the second parliamentary chamber - the “Bundesrat”. The innovations to be ...