Fritz Lindenmaier

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Fritz Heinrich Karl Paul Lindenmaier (born October 2, 1881 in Hamburg , † October 7, 1960 in Karlsruhe ) was a Reich judge and Senate President at the Reich Court and later a judge at the Federal Court of Justice .

Life

Lindenmaier was baptized as the son of a master locksmith and safe manufacturer. He passed his first state examination in law in 1903 with "good"; the second in 1908 without distinction. In 1911 he was appointed district judge and in 1924 district court director at the Hamburg district court . In the First World War he was a captain. Lindemaier in 1926 Reichsgerichtsrat and was I. Civil Division of the Supreme Court operates, the Senate president he was from 1937 until the closure of the Supreme Court in April 1945th During this time he was initially a member of the DNVP (1925–1930). From November 1933 to February 1934 he was a member of the Stahlhelm ; then the SA Reserve I until mid-August 1935. In May 1937 he finally joined the NSDAP with membership number 5,823,901. During this time, he received the honorary badge of honor in silver (1938) and gold (1940). After the Second World War he became a higher regional judge in Hamburg. With the establishment of the Federal Court of Justice on October 1, 1950, he was appointed to this, where he belonged to the 1st Civil Senate , as whose President he was often referred to. Formally, he never held this position, but he regularly chaired it. On December 31, 1953, he retired. From 1954 he worked as a permanent employee for the important journal Archive for Copyright and Media Law (UFITA), of which he was one of the co-editors before the end of the war.

Lindenmaier had a doctorate in law, an honorary doctorate in engineering and an honorary professor at the Universities of Leipzig (1944/1945), Hamburg and Heidelberg and at the Technical University of Karlsruhe .

Corps student

Lindenmaier was a member of the Corps Rhenania Tübingen (1901), honorary member of the Corps Lusatia Leipzig (1933) and a member of Misnia IV zu Erlangen (1949).

Publications

Lindenmaier was the editor of the commentary on the patent law by Krausse / Katluhn / Lindenmaier (1st edition 1931 by Krausse) for the 3rd edition in 1944 after the death of Katluhn and the 4th edition (in deliveries from 1955 to 1958 ). The last 6th edition, published in 1973, bears his name alone. Together with Philipp Möhring , he has published the reference work of the Federal Court of Justice ( Lindenmaier-Möhring ) on the decisions of the Federal Court of Justice (which was essentially based on the internal reference work of the Federal Court of Justice and has since been continued in a different form than the LMK since 2003 ). In 1957 he published a work on employee inventions together with Lüdecke. Numerous essays, mostly in the journal Commercial Legal Protection and Copyright (GRUR, last 1955), on questions of patent law come from his pen. He has made a name for himself above all through the formulation of the three-part theory that he developed for the scope of protection of the patent ( The scope of protection of the patent according to recent case law , GRUR 1944, 49), which was used until 1986 ( Formstein judgment of the BGH; BGHZ 98, 12) was decisive in jurisprudence and teaching.

The tripartite theory differentiates between

  1. the immediate subject matter of the invention: it corresponds to the wording of the claims,
  2. the subject matter of the invention: it includes the technical teaching which can be inferred from the patent claims without special considerations using the description, drawing and general specialist knowledge, and
  3. the general inventive concept, which relates to the essential core of the invention, even if it does not emerge in the special formulation of the patent claims.

The closeness of the First Civil Senate of the Reichsgericht to National Socialist ideas, also in the field of patent law, is evident. a. also because he used quotes from Hitler's Mein Kampf several times in his decisions on patent law issued at the time of von Lindenmaier's chairmanship . Lindenmaier also expressed admiration for Hitler in his own lectures, for example in a lecture on March 12, 1938 with the words: “It is the thoughts of the Fuehrer himself in which he laid the foundations for the orientation and ethical stance of a National Socialist patent law. One must be full of admiration with what clarity the Führer in this area, which is far from him, worked out and clearly expressed the guiding principles with an intuitive keen eye. ”In contrast, Lindenmaier states in a publication from 1949 that the previous patent jurisprudence also after 1933 kept free from inappropriate admixtures .

Honors

In 1953 Lindenmaier was awarded the Great Cross of Merit of the Federal Republic of Germany.

Appreciations

An obituary for Lindenmaier penned by Philipp Möhring can be found in GRUR 1960 p. 513.

Web links

Individual evidence

  1. ↑ Friedrich Karl Kaul , History of the Reichsgericht, Volume IV (1933–1945), East Berlin 1971, pp. 308f.
  2. ↑ Kösener Corpslisten 1960, 128/495; 3/909. KCL 1971, 90/80
  3. ↑ Karl Bruchhausen , undeserved leniency with the quote or the "Green Team" in the years 1933 to 1945 GRUR 1991, 737; see. RGZ 157, 154
  4. ↑ GRUR 1938, 214
  5. ↑ GRUR 1949, 309
personal data
SURNAME Lindenmaier, Fritz
ALTERNATIVE NAMES Lindenmaier, Fritz Heinrich Karl Paul (full name)
BRIEF DESCRIPTION German lawyer, judge at the Federal Court of Justice
DATE OF BIRTH October 2, 1881
PLACE OF BIRTH Hamburg
DATE OF DEATH October 7, 1960
Place of death Karlsruhe