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IP Cases & Articles
Allergan Holdings France v EUIPO; and Dermavita Co Ltd v EUIPO
The General Court has issued two decisions in a tussle between Allergan and Dermavita concerning a revocation against the mark JUVEDERM ULTRA. The interesting questions arising from the proceedings were whether (i) it is possible for use evidence to support goods in two different Nice classes, and (ii) EU Directives… -
IP Cases & Articles
Weak distinctive character comes NATURA-lly
This case demonstrates the limitations associated with enforcing a trade mark containing descriptive components. -
IP Cases & Articles
A not so EASY task after all - UKIPO finds EASY mark devoid of distinctive character
In this case, easyGroup failed to register “EASY” in relation to various retail, transport, food and drinks, booking, hotel and temporary accommodation services as the mark is found to be descriptive and devoid of any distinctive character by the UKIPO pursuant to sections 3(1)(b) and (c) of the Trade Marks… -
IP Cases & Articles
EORI number now mandatory for customs applications in the EU
If customs applications are part of your counterfeiting enforcement strategy, be sure to have your EORI number ready. EORI stands for “economic operators registration and identification number”. It is valid throughout the European Union (EU) and, in Germany, now replaces the German customs numbers. The single identification number across the… -
IP Cases & Articles
GCC no longer accepting patent filings
As of 06 January 2021, the Gulf Cooperation Council (GCC) Patent Office has stopped accepting new patent filings until further notice. -
IP Cases & Articles
Madrid Protocol Gibraltar and Guernsey
The United Kingdom’s ratification of the Madrid Protocol has been extended to Gibraltar and Guernsey as of 01 January 2021. -
IP Cases & Articles
Coronavirus: IP offices in Europe changed practice
As a response to the new coronavirus disease (Covid-19) outbreak, intellectual property offices in Europe have implemented special measures to offer some level of flexibility to rights holders whilst Europe is working under new and uncertain conditions. Details of these measures can be found below (first published on this web… -
Newsletter
Patent Newsletter No.80
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IP Cases & Articles
Secret prior art: a trap for the unwary?
In almost all countries around the world, a patent application is only published after 18 months from the filing date, or where priority has been claimed from the priority date. This raises the interesting question of how the system should handle a second application which is filed after a first… -
IP Cases & Articles
EPO sufficiency: can medical use claims encompass all patients if the majority are non-responders?
If a therapeutic benefit is only observed in a sub-group of patients (in particular, a small group), is a claim sufficient if it claims all patients or do the non-responders need to be disclaimed? This was the question posed in T0421/14, an appeal decision concerning the opposition division’s decision to…
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