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IP Cases & Articles
Vans v Paredes: when is a V not a V?
Paredes Holding Center (Paredes) filed an EUTM application for the position mark shown below in respect of safety and protective footwear in class 9 and footwear goods in class 25: -
IP Cases & Articles
Sky v SkyKick: Court of Appeal issues judgment
The Court of Appeal has issued its judgment in the SKYKICK saga. To re-cap, the case concerned the validity of trade marks (i) covering overly broad and/or unclear/imprecise specifications and (ii) where an applicant does not have an intention to use the mark for all goods/services covered. -
IP Cases & Articles
Guerlain’s lipstick shape indicates product origin in the EU
The French cosmetics company Guerlain was recently successful in getting trade mark protection in the European Union for a particular lipstick shape (judgment of 14 July 2021, Case T-488/20). -
IP Cases & Articles
Germany has ratified the Protocol on the Provisional Application of UPC Agreement
Germany has ratified the Protocol on the Provisional Application of UPC Agreement (PAP-Protocol) and paves the way for the Unified Patent Court (UPC). -
IP Cases & Articles
Slovenia has ratified the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application (PPA) and the UPC Agreement (UPCA)
On 15 October 2021, the Slovenian Government deposited the instrument of ratification for the PPA and the UPCA. -
IP Cases & Articles
T 1197/18: clarification of the video conferencing order issued on G 1/21
T1197/18 provides some clarity on the scope of the term “impairing� in the order concerning video conferencing (ViCo) issued on G1/21 by the Enlarged Board of Appeal. -
IP Cases & Articles
Too much time for “live� - Facebook v Voxer IP: struggles with equivalence in a post-Actavis world
In this recent case, Facebook’s live broadcast feature was found not to infringe Voxer’s patent related to exchanging messages in “live� and “time-shifted� communication modes. Specifically, it was deemed that a minimum 10-second delay between content being captured by one user and being viewed by another user was “just too… -
IP Cases & Articles
Database management and information retrieval systems - has their time finally come?
The realm of computer-implemented inventions is a challenging one, with traps and pitfalls for the unaware and unwary. The guidance provided by the European Patent Office (EPO) to its examiners for assessing the patentability of computer-implemented inventions provides valuable insight into how to navigate this troublesome area. -
IP Cases & Articles
Germany simplifies and modernises industrial property laws
Germany offers an outstanding system for IP protection – its patent and trade mark office (the DPMA) is the largest national IP office in Europe and the fifth largest national patent office in the world. It is however over ten years since the last major reform of industrial property protection… -
IP Cases & Articles
FibroGen Ltd v Akebia Therapeutics - when are structurally- and functionally-defined claims excessively broad?
The Court of Appeal recently clarified the steps for assessing whether claims defined both structurally and functionally are insufficient due to excessive claim breadth, under the UK Patents Act 1977. The case involved two FibroGen patent families relating to a class of compounds for use in treating two forms of…
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