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IP Cases & Articles
T592/20: bad faith timing is everything
In March 2017, Univers Agro Ltd filed a European Union trade mark (EUTM) application for the word AGATE in class 12, which proceeded to registration in June 2017. In July 2017 the registration was used to bring infringement proceedings against Shandong Hengfeng Rubber & Plastic Co. Ltd, (Shandong) and its… -
IP Cases & Articles
EUIPO appeal cases: validity of UK rights post Brexit
Following Brexit and the end of the transition period on 31 December 2020, European Union trade marks (EUTMs) can no longer be rejected, opposed or invalidated on the basis of rights which exist in the UK only. An opposition or invalidity action that was pending on 01 January 2021 in… -
IP Cases & Articles
Austria completes ratification for the Protocol to the UPCA, enabling start of UPC provisional application period
On 18 January 2022, Austria deposited the instrument of ratification for the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application, allowing the provisional application period (PAP) to start. -
IP Cases & Articles
UPC Provisional Application Period (PAP) commences
Following news on the 18 January 2022 that Austria has deposited the instrument of ratification for the Protocol to the Agreement of a Unified Patent Court, the UPC Preparatory Committee has announced the commencement of the UPC Provisional Application Period (PAP). In a statement on its website, dated 19 January… -
IP Cases & Articles
UK Exhaustion of IP rights regime set to continue following consultation
The UK Government has announced that its current IP exhaustion regime will remain in place for the time being, as there is not enough data available to understand the economic impact of any alternative proposals. -
IP Cases & Articles
EPO supporting early uptake of the unitary patent
Following the deposit by Austria of its instrument of ratification for the Protocol to the Agreement of a Unified Patent Court, triggering the commencement of the UPC Provisional Application Period (PAP), the European Patent Office (EPO) has now issued some communications regarding measures to support early uptake of the unitary… -
IP Cases & Articles
UK Government: reviewing the designs framework - call for views!
The UK Government recently announced its intention to review the UK design law framework. In addition to a survey requesting the views of designers, design-led businesses and manufacturers, the government has now launched a more in-depth “call for views”. -
IP Cases & Articles
G 1/22 & G 2/22: referral to Enlarged Board of Appeal on entitlement to claim priority
Two questions have recently been referred to the Enlarged Board of Appeal regarding entitlement to claim priority. In particular, referrals have been made from related appeals T 1513/17 and T 2719/19 regarding whether the European Patent Office (EPO) has the power to decide on entitlement to a priority right, and… -
IP Cases & Articles
China joins Hague design registration system
On 05 February 2022, China deposited its instrument of accession to the Geneva Act (1999) of the Hague Agreement with the Director General of WIPO. The Hague design registration system will grow further to include 77 member states, effectively covering 94 countries. -
IP Cases & Articles
The EPO is getting ready for the unitary patent are you?
At the beginning of February 2022, the European Patent Office (EPO) President met with the Chair of the Unified Patent Court (UPC) Preparatory Committee, the representatives of the participating members states in charge of the five work streams for the Preparatory Committee and the Chair of the Select Committee of…
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