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IP Cases & Articles
G1/19 - comments by the President of the EPO
In our October 2019 newsletter, we discussed the G/19 referral on simulation inventions to the Enlarged Board of Appeal at the European Patent Office [see note 1 below]. As discussed in the article, G/19 is of potentially huge significance in the field of computer-implemented inventions due to the potential effect… -
IP Cases & Articles
EUIPO design appeals - the full facts, evidence & arguments
An invalidity action was filed at the EUIPO against a granted registered Community design (RCD) and the Invalidity Division declared the contested RCD to be invalid based on a prior art design in the form of an earlier RCD which had been published in the year preceding the filing date… -
IP Cases & Articles
Late-filed claims at the EPO Opposition Division - a new hope
In T0688/16, the Board of Appeal held that new claim requests can be filed during opposition proceedings if there is a change of opinion by the Opposition Division during proceedings. The Board of Appeal held that such new claim requests cannot be considered “late-filed”. -
IP Cases & Articles
EPO: Revised Guidelines for Examination in force 01 November 2019
The revised EPO Guidelines, for Examination provide guidance for examiners and applicants on European patent law and procedure. The revisions clarify, in a number of important areas, how applications should be treated before the EPO. Some of the most notable changes are discussed in this article. Guideline references of the… -
IP Cases & Articles
Radiator grille - Audi remains the lord of the four rings
In a recent judgment, the German Federal Court of Justice decided that an independent seller of spare parts infringed Audi’s figurative mark by offering and selling radiator grilles featuring a four-ring-shaped mounting fixture. -
IP Cases & Articles
General Court - specialised IP chambers
The General Court in Luxembourg recently welcomed seven new judges and is now composed of 53 judges. In view of this increase in size and to enable the enlarged college to work effectively, the General Court adopted various internal structural changes. -
IP Cases & Articles
AMS Neve v Heritage Audio - international jurisdiction provisions
The Court of Justice of the European Union (CJEU) in AMS Neve v Heritage Audio (C-172/18) has confirmed that owners of EU trade marks can bring infringement proceedings in the member state where online infringing activity is targeted, as opposed to the member state where the alleged infringer is physically… -
IP Cases & Articles
#darferdas? Applicant intent and likely uses
A preliminary ruling from the Court of Justice of the European Union (CJEU), following a referral from the Federal Court of Justice in Germany, suggests that trade mark offices assessing inherent registrability can take account of the way applicants intend to use their marks rather than just considering likely uses. -
IP Cases & Articles
The colour purple - no passing off in Glaxo v Sandoz
The England and Wales High Court has recently rejected a claim by Glaxo against Sandoz relating to use of the colour purple for inhalers to treat asthma and chronic obstructive pulmonary disease (COPD). -
IP Cases & Articles
Shooting for the stars? Have faith. Why the SkyKick case is important for brand owners
If, as expected, the Court of Justice in Europe (CJEU) confirms the Advocate General’s opinion early next year (2020), not only will important but previously grey areas of the law have been clarified, but it will also alter the way in which brand owners clear, file for and enforce their…
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