Georg Benkard

Georg Benkard (born January 17, 1881 in Frankfurt am Main ; † November 20, 1955 ) was a federal judge at the Federal Court of Justice .

Life

Born as the son of a lawyer and notary, after studying in Leipzig , Strasbourg and Freiburg im Breisgau until the end of 1927 , Benkard worked as a lawyer at the Regional Court and Higher Regional Court in Frankfurt, and in the early twenties he was a partner with the lawyer Dr. Max Hermann Maier, then from December 23, 1927 to 1945 as a lawyer at the Reich Court in Leipzig. After 1945 he made himself available to the justice administration in Leipzig and worked for several years as an assistant judge at the Leipzig Regional Court . From 1946 to 1950 he worked as a notary in Leipzig. In January 1947 he worked in the Soviet Zone in a committee for inventions and patents of the Chamber of Technology , which worked out a first draft for a new East German patent law. In the winter semester of 1949/50 he took on a teaching position for Hans-Otto de Boor at the law faculty of the University of Leipzig . After politically motivated attacks by the SED leadership, he moved to the West in 1950, where he initially worked as a lawyer and notary in Freiburg / Br. practiced. He was appointed federal judge on May 23, 1951. At the Federal Court of Justice he was assigned to the First Civil Senate , the actual chairman of which was Fritz Lindenmaier (1881 to 1960, formerly President of the Senate at the Reich Court). With effect from March 31, 1953, he was retired. Benkard, who was married to Milly Benkard with no children, did volunteer work in the Evangelical Lutheran parish.

Publications

Benkard received his doctorate in Freiburg in 1905 with a thesis on the city of Frankfurt aM's city debt register ( discussed by Paul Laband in AöR 1906, 576). Furthermore, as early as 1930, Benkard published a treatise on legal protection in Reich legislation since 1919 in the publications of the German Lawyers' Association . From which racial grounds expelled from Germany Martin Wassermann he took over in 1935 the editorship of the magazine brand protection and competition (MuW). He has made a name for himself in particular as the founder and author of the renowned short commentary on this law (11th edition in 2015) that appeared shortly after the new patent law was passed in 1936. In contrast, he was no longer involved in the commentary on the European Patent Convention , which first appeared in 2002 and which also bears his name. In 1948 he published a paper on the current status of patent and utility model law .

Appreciations

A tribute to Benkard from the pen of his fellow judge Hans Bock can be found in Fortitudo temperantia, The Lawyers at the Reichsgericht and at the Federal Court of Justice , Festgabe zu 50 Jahre BGH, 2000, 2000, pp. 127-135, ISBN 3-406-46918-3 ( First reprint in lawyers in portrait, commemorative publication for the 225th anniversary of the publishing house CH Beck , Munich 1988, p. 166 ff.), The obituary written by Robert Ellscheid in GRUR 1956, p. 1.

literature

• Hildegard Härtwig: The publications of Dr. Georg Benkard: Compiled in chronological order . In: Archive for Copyright, Film, Radio and Theater Law (UFITA) . tape 21 , 1956, pp. 125-128 .
• Fritz Lindenmaier : Georg Benkard . In: Archive for Copyright, Film, Radio and Theater Law (UFITA) . tape 21 , 1956. [Supplement; Obituary]

Web links

• Literature by and about Georg Benkard in the catalog of the German National Library