Falk von Maltzahn

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Falk Freiherr von Maltzahn (born June 10, 1938 in Mannheim ) is a German lawyer and former judge at the Federal Court of Justice .

Life

He can look back on an unusual professional career for a federal judge. He devoted himself to studying law only after successfully passing the diploma examination at the end of his studies at the Technical University of Aachen and the Technical University of Berlin . After completing his legal training, he was accepted into the higher judicial service of the Free State of Bavaria in 1974 - with a simultaneous leave of absence for the purpose of training as a patent assessor . After passing the patent assessor examination in April 1975, he worked as a probationary judge at the District Court of Munich I until he was transferred to the department of the Justice Minister of North Rhine-Westphalia in May 1976. Used there at the Düsseldorf Regional Court as a member of the civil chamber responsible for patent litigation and industrial property protection, Freiherr von Maltzahn was appointed judge at the regional court in September 1977. At the end of a three-year secondment as a research assistant at the Federal Court of Justice, he was appointed judge at the Higher Regional Court at the Düsseldorf Higher Regional Court in December 1981 .

Baron von Maltzahn was appointed judge at the Federal Court of Justice in September 1985. Until his early retirement on June 30, 2000, he was a member of the Xth Civil Senate , which was mainly responsible for patent matters , and played a key role in shaping its case law. Until the end of 1992 he was also a member of the Cartel Senate , for which he was also posted to the Joint Senate of the highest federal courts for a period of five years.

From his pen as rapporteur in the Xth Civil Senate come, among other things, the fundamental decisions to determine the scope of protection of patents after the harmonization of European patent law. He has also significantly influenced the case law on employee invention law.

At times, Freiherr von Maltzahn was a member of the judges' council of the Federal Court of Justice. He is married and has a daughter.

Publications (selection)

  • Problems with competition law when changing jobs, industrial property rights and copyright law (GRUR) 1981, 788
  • On the so-called flying court of jurisdiction for competition violations through newspaper advertisements, GRUR 1983, 711
  • The suspension in patent infringement proceedings according to § 148 ZPO in the event of a patent nullity action, GRUR 1985, 163
  • For the legal assessment of non-aggression agreements on technical property rights, Festschrift für Otto-Friedrich Freiherr von Gamm (1990), 597, Carl Heymanns Verlag KG, Cologne u. a.
  • On the case law of the Cartel Senate of the Federal Court of Justice, Deutsche Richterzeitung 1990, 409
  • On the control of public law contracts under competition law, GRUR 1993, 235
  • On the right of further use according to PatG 1981 § 123 Paragraph 5 and 6, GRUR 1993, 464

Individual evidence

  1. ↑ Communication No. 46/2000 of the press office of the Federal Court of Justice of June 30, 2000
personal data
SURNAME Maltzahn, Falk von
ALTERNATIVE NAMES Maltzahn, Falk Freiherr von (full name)
BRIEF DESCRIPTION German lawyer and former judge at the Federal Court of Justice
DATE OF BIRTH June 10, 1938
PLACE OF BIRTH Mannheim