The Landgericht Dusseldorf rejected 302/11 – an urgent application of Dr. Oetker KG 2012-14 c O on March 1st. The District Court of Dusseldorf has on 01 March 2012-14 c O 302/11 – an urgent application of Dr. Oetker KG rejected, they had tried, to let Europe ban the distribution of milk product “Farmer” the Aldi shopping GmbH & co. OHG.

The product, so the applicant violated their community designs dating back to 2005 and would in addition marketed in anti-competitive way, namely with origin deceptive effect. The product of “Paula” the applicant faces the Aldi product, which is extensively distributed in TV commercials. The Dusseldorf judges considered but neither a design patent infringement or unfair exploitation of reputation or Herkunfstauschung given. The arrangement of the components of the pudding vitiated by clear differences in vanilla and chocolate as well as the exterior design of the product packaging. While the Dr. Oetker a special Individulitat way to cow and one with the sunglasses certain “coolness” will suggests, “Farmer” is a rather skinny cow with Bell in front of a farm. This the necessary distance was maintained, in addition to other points of view with regard to marketing, so that no violation of the competition lie in.

It remains to be seen whether the decision in the main proceedings or an appeal being upheld. The decision however shows that essential is just new product launches, the range of competitors, especially if they have a certain degree of popularity, analyze legal, you will risk not to infringe rights of third parties. Dr. Marcus Soine

The L & W intensive care service contractor company (limited liability) informed by its decision of 17 June 2010 (BSG AZ.: B 3 KR 7/09 R) fixed the Bundessozialgericht newly significant financing aspects of intensive home care. The L & W intensive nursing care experts explain what changes due to the judgment decision for those in care and their families. The out-patient intensive care causes high costs due to the use of cutting-edge technologies and a partly permanent monitoring of patients by specially trained personnel. Without a reimbursement by the health insurance companies, most patients and their families of a such stress would have not grown. Extent to which health insurance companies participating in cost-intensive home-based intensive care, is determined first by the medical necessity of the measures.

It is newly determined for each individual case by an expert of the medical service of the health insurance. Prior to the recent judgment of the Bundessozialgerichtes it was Another provision of the reimbursement by the health insurance companies as follows. After determining the necessary needs of the patients on an outpatient, intensive care or home ventilation, those time shares in the benefits of health insurance funds were taken out, destined for simultaneous actions from the long-term care insurance services. In practice, this caused cost a concurrent intensive nursing care fund performance budget paid for the period of the basic nursing care. However, the scope of care Fund grants is not determined according to the significantly higher cost of intensive care of treatment. This inevitably led to a partial reimbursement of out-patient intensive care by health and care funds.

The resulting difference was to be paid by the patient or his family. If a patient took no benefits of long-term care insurance claim, the health insurance companies took over the total cost of intensive nursing. Here showed a significant difference in treatment compared to those Patients who depended on basic nursing care measures. The decision of the Bundessozialgerichtes June 2010 intervened in the so far valid cost acquisition practice of health insurance companies. The BSG stated that legislation given the Division of between nursing and health care costs if a maintenance electrician for the permanent out-patient intensive care as well as the execution of the basic nursing care were responsible. However the deduction of basic nursing care on the expert appraisal given intensive care needs be on their half time value limit. The current case law of the Bundessozialgerichtes follows the inadmissibility of the previous cost acquisition practice of health insurers. Affected patients and their families can significant relief to come due to a now necessary recalculation of the health insurance benefits. The L & W intensive care service campaigned for many years for the concerns of his patients, by taking the costs negotiations with health – care funds.

Hair analysis increase the objectivity in the MPU and ensuring greater transparency of Ulm, January 28, 2010. The medical psychological examination of MPU (the so-called \”idiot test\”) is currently heavily discussed. In advance of the 48th traffic court day (27 29.1.2010) in Goslar, experts demanded a reform of the MPU, to make it a total transparent and verifiable. This reports the news magazine focus (4/2010). Among other things, additional liver tests in addition to the blood alcohol analysis were required.

As well, a video recording of the psychological discussions within the framework of the MPU is discussed. This should help to be able to check the quality of the reports and the credibility of the examined drivers better. What results will have the expert discussions in Goslar, is still open. However there is a safe, objective, and reliable way now to check whether a prolonged alcohol abuse is when a driver or not: the hair analysis. This is a hair sample to the Example on Ethylglucuronide (EtG) and fatty acid ethyl esters (FSEE) and investigated.

These are breakdown products of alcohol, which accumulate in the human hair. People can lie, hair, however, does not. The hair analysis helps the MPU more objectivity and more verifiable results. A hair analysis supports it, by which different drivers that have modified their alcohol consumption habits, where this is not the case. Only who significantly changes its consumption habits, must regain his driving licence.\” Dr. Silke sweetness Trimega drug check, the laboratory of Trimega laboratories, commented: the combined EtG and FSEE hair analysis can in a period of up to six months clearly prove whether a Alcohol abuse is present or not.

Swiss data protection officer at the second attempt successfully several industrial firms in Germany access when determining copyright infringement on the services in Steinhausen, Switzerland based Logistep AG back. Monitored the company Internet exchanges since 2004 and documented violations of copyright by the unauthorized uploading of protected works. Here comes the in-house software file sharing monitor”used. The collected data (IP address, time, hash value) be provided the firms specialized in the prosecution of copyright infringement, that send subscribers thousands cease and desist letters to determination to enforce claims for injunctive relief and damages. The required amounts are often in the four-digit range. Also for the Swiss discovery company this business model is to be profitable. About the actual amount of compensation dissipated in some cases in the Logistep AG can only be speculated. In a previous complaint of the a service contract was presented with a rights holder Swiss Federal data protection and information Commissioner, stating that the company Logistep besides setup costs of EUR 650 for each captured and dunned down violation success independent EUR 189 and plus 50% of the received compensation payments received.

The Swiss Federal Court in its decision of the 08.09.2010 (1C_285/2009) at least on Swiss soil activity of Logistep AG has now inserted a bolt. The approach of Logistep AG is the data protection act does not agree with the Court in Lausanne. Also, the invasion of privacy of the persons concerned was not by an overriding interest to justify. Starting point of the process was a complaint of the Supreme supervisor of Switzerland, who was so successful at the second attempt. The Swiss data protection Act protects personal data in Germany. As but before evaluation of IP addresses is not clear in which country the connection owner is, the investigations of we believe that not only should be prohibited with regard to Swiss Internet users, but generally on Swiss soil.

The impact on file-sharing warnings in Germany remain to be seen. Although, the industrial sector with the Swiss Federal Court must first collect a heavy hit. It is however to be expected that the Logistep AG is now transferring its seat. In Germany about the Federal Supreme Court has said so far no similar concerns.

Control the betting at the track of Baden the commercial, trade and industrial policy was years of 20.Jahrhundertes in addition to the tax and tax policy as well as agriculture and forestry policy the third pillar of economic policy in the lower Austria and Vienna of the 20s and 30s. She played a crucial role especially in the post-war years characterized by the economy of lack of after the first world war in the lower Austrian domestic politics. In this era, new taxes and charges were invented. The mediation or the conclusion of betting was prohibited by the lock of the outlets located outside the racecourses on race nights in Baden and in Vienna. The outlets outside Baden were starting point. With this scheme, you wanted to maintain some competition protection. This development will now be published in the series of LawLeaks.

The mediation or the conclusion of bets from race to race was Government pursuant to section 1 of the regulation on the lock of the outlets located outside the racecourses on race nights” prohibited. The outlets had therefore a half-hour before the respective until the programmassigen of the last race closed to keep programmassigen start of the first race. In addition also the outlets were closed to keep also Wiener race days in the period from the March 15 to November 15 each year during the period from 15 to 19: 00. The societes equipped with the Totalisateurbewilligung were obliged to allow the exercise of the Wettatigkeiten on their Racecourse bookmakers, who were subject to this regulation, to Baden race by granting a stand area. This regulation had their basis on the basis of the law of the 28.Juli in 1919 concerning the fees of Totalisateur – and betting, as well as suppression of the angle being. In this Act, the labour recruitment and the conclusion of bets on sporting events was geregtelt. Admission as Totalisateur or bookmaker was necessary for the exercise of this profession.