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IP Cases & Articles
Digital documents and signatures in European patent practice
With large numbers of patent attorneys and clients working remotely across the globe, the ability to substitute handwritten signatures and original documents with electronic equivalents has been a concern of many. In this article, we discuss the electronic filing of documents and digital signatures in European patent practice. -
IP Cases & Articles
G 3/19: plants produced by essentially biological processes are excluded from patentability
The Enlarged Board of Appeal has handed down its decision regarding the allowability of product and product-by-process claims in which the product is exclusively obtained by an essentially biological process. -
IP Cases & Articles
The space IP race: protection and enforcement of your orbiting assets
At 3:22 pm on 30 May 2020, from the same Florida launchpad that once served the Apollo missions and the Space Shuttle, SpaceX lofted two American astronauts out of the atmosphere and into space. Although not the first time in space for the two astronauts, they were the first to… -
IP Cases & Articles
UK withdraws its ratification of the Unified Patent Court
In a move which appears to run counter to the German Government’s intention to bring the Unified Patent Court (UPC) system into effect, the UK Government announced, on Monday 20 July 2020, by way of diplomatic memorandum, that the UK has withdrawn its ratification of the UPC Agreement (UPCA) with… -
IP Cases & Articles
WIPO PROOF: a new tool to safeguard your IP
On 27 May 2020 the World Intellectual Property Organization (WIPO) launched a new digital notarisation tool which allows users to obtain a tamper-proof evidence of the existence of any digital file at a specific point in time. -
IP Cases & Articles
Bad faith grounds for invalidating Chinese characters
Bad faith is a ground that can only be used against an EUTM post registration and not beforehand during opposition proceedings. In this case, Inner Mongolia Yili Industrial Group Company Limited (the invalidity applicant) is a market leader in dairy production in China, where its trade mark 伊利 (yīlì) has… -
IP Cases & Articles
Damages still available for infringement even where trade mark revoked
The CJEU has ruled that compensation is still, in principle, available for infringement of a trade mark which has subsequently been revoked for non-use. The decision is the result of a preliminary reference from the Cour de Cassation in France in the context of infringement proceedings between AR and Cooper… -
IP Cases & Articles
Reputation and the power of the influencer: Sugar Bear Hair v Beauty Bear
The Opposition Division and Board of Appeal at the EUIPO have highlighted the power of influencer promotion, referencing social media endorsements by the Kardashians, in a finding of reputation and enhanced distinctiveness. -
IP Cases & Articles
UK High Court has no APPetite for icons that fail to practice social distancing
App icons allow mobile users to discriminate between different software. To attain maximum impact in a competitive space, descriptive words are frequently found under the logo. This interplay between trade marks and app icons was at the centre of PlanetArt LLC v Photobox Ltd, a recent trade mark and passing… -
IP Cases & Articles
Goodbye Neurim: CJEU decides only the first authorisation will do for an SPC
In an eagerly awaited decision (Santen, C-673/18), the Court of Justice of the European Union (CJEU) has today ruled that marketing authorisation (MA) for a new therapeutic application of a medicine previously authorised for another application may not be used as the basis for a supplementary protection certificate (SPC) for…
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