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IP Cases & Articles
Brexit: changes to IP protection at the UK border from 01 January 2021
EU national border forces can be requested to detain goods suspected of infringing your intellectual property, following a pan-EU application for action (AFA) filed with the Customs authorities in EU member states. However, as of 01 Jan 2021 a pan-EU AFA granted by the Customs authorities in the EU will… -
IP Cases & Articles
CRISPR patent appeal decision: EPO maintains all applicants approach to priority
Earlier in 2020, the Board of Appeal dismissed the Broad Institute’s appeal (T 0844/18) against revocation of one of its key CRISPR-Cas9 patents, EP2771468B. Here we discuss the Board of Appeal’s recently published decision. -
IP Cases & Articles
For whose eyes only? Disclosure of confidential information in FRAND cases
A standard essential patent (SEP) is a patent with claims that cover an aspect of a technical standard, such that a party who implements the standard will necessarily infringe the SEP. Standard-setting organisations often require the participants in the development of a standard to commit to license their SEPs on… -
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… -
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
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
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
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
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
Weak distinctive character comes NATURA-lly
This case demonstrates the limitations associated with enforcing a trade mark containing descriptive components.
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