Werner Ballhaus

Werner Ballhaus

Werner Ballhaus (born August 14, 1920 in Rheinholterode ; † October 24, 1993 in Karlsruhe ) was a German lawyer. From 1968 to 1985 he was federal judge at the Federal Court of Justice , from 1976 presiding judge of the X. Civil Senate of the Federal Court of Justice in Karlsruhe and professor of law.

Life

Werner Ballhaus was the son of a school councilor. In 1938 he passed his Abitur at the Schulpforta grammar school . In 1938 he was drafted into the Wehrmacht . After being seriously injured during the attack on Poland , Ballhaus was released from the Wehrmacht as a lieutenant in the reserve in 1939.

From August 1940 to 1943 he studied law in Berlin and Breslau and completed his training in Celle in 1949 with the second state examination. He then entered the civil service as an assistant judge at the Göttingen regional court . This was followed by positions at the German Patent Office in Munich and at the Federal Patent Court in Munich, where he was appointed President of the Senate in 1966. From 1955 to 1958 he was a research assistant at the Federal Court of Justice in Karlsruhe, where he was assigned to the First Civil Senate , which dealt with matters of commercial legal protection and copyright .

On February 8, 1968 Werner Ballhaus was appointed as a federal judge at the Federal Court of Justice in Karlsruhe and assigned to the 10th civil senate. On August 18, 1976, he took over this Senate as presiding judge. From 1970 to 1976 he was also a member of the Cartel Senate of the Federal Court of Justice. During his work as a federal judge, he took on a lectureship in patent and utility model law at the Technical University of Karlsruhe in 1975 and was made an honorary professor in 1980 . Werner Ballhaus retired on August 14, 1985. Werner Ballhaus was married. The marriage resulted in three sons and two daughters. He was a member of the Catholic student associations K.St.V. Winfridia Göttingen and K.St.V. Saxonia Munich.

Legal engagement

In his judicial work, but also through his scientific work, Werner Ballhaus had a significant influence on the development of patent law. In 1977 he was appointed to the Expert Commission for Commercial Legal Protection by the Federal Ministry of Justice. Since 1976 he has also been a member of the Board of Trustees of the Max Planck Institute for Foreign and International Patent Copyright and Competition Law .

Ballhaus was a member of the board of the German Association for the Protection of Industrial Property and Copyright. He was also a member of the specialist committees for inventor law and for patent and utility model law formed in this association. From the 4th edition in 1963 to the 7th edition in 1981, Werner Ballhaus belonged to the group of authors of the Benkard , the leading commentary on the Patent Act and the Utility Model Act .

Honors

• 1985: Great Cross of Merit of the Federal Republic of Germany

Publications

• Ballhaus, Werner (edit.): Benkard, Patentgesetz, Utility Model Act, Brief Commentary, 4th edition 1963, 5th edition 1969, 6th edition 1973, 7th edition 1981.
• Ballhaus, Werner (edit.): The Civil Code with special consideration of the case law of the Reichsgericht and the Federal Supreme Court, commentary published by members of the Federal Supreme Court, 12th revised edition, Vol. II, Part 1, §§305-327 (1975) , §§328-361 (1976), Vol. II, Part 2, §§607-610 (1978).
• Ballhaus, Werner: The law on the time limit for contesting decisions of the German Patent Office of February 17, 1960 in Mitt. 1960, 22-26.
• Ballhaus, Werner: The Federal Patent Court, in Mitt. 1961, 101-107.
• Ballhaus, Werner: The appeal procedure before the patent court, in Mitt. 1961, 121–126.
• Ballhaus, Werner: The general (common) regulations on the procedure before the patent court, in Mitt. 1961, 161–168.
• Ballhaus, Werner: The nullity, withdrawal and compulsory license proceedings before the patent court, in Mitt. 1961, 182-186.
• Ballhaus, Werner: The inspection of files at the German Patent Office and Federal Patent Court, in Mitt. 1961, 201–207.
• Ballhaus, Werner: The objection procedure according to the new procedural law, in Mitt. 1961, 221–228.
• Ballhaus, Werner: The cost law of the German Patent Office and the Federal Patent Court, In Mitt. 1962, 1-8.
• Ballhaus, Werner and Helmut Bendler: On the case law of the 10th civil senate (patent senate) in 25 years Federal Court of Justice on October 1, 1975, 1975, 157–171.
• Ballhaus, Werner; Theiss, Ivo: The effects of the administrative court order on the patent office procedure and the challenge of patent office decisions, in Mitt. 1960, 61–66.
• Ballhaus, Werner: Consequences of the extension of the patent application, in GRUR 1983, 1-8.
• Ballhaus, Werner: Legal ties to inventions by university members, in GRUR 1984, 1–9.
• Ballhaus, Werner: The amount in dispute in patent nullity proceedings, in GRUR 1957, 64–70.

Web links

• Literature by and about Werner Ballhaus in the catalog of the German National Library