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IP Cases & Articles
Welcoming Eva Schewior, new President of the DPMA
Eva Schewior has today, 01 February 2023, succeeded Cornelia Rudloff-Schäffer as President of the German Patent and Trade Mark Office (DPMA). The DPMA was founded over 145 years ago, as the Kaiserliches Patentamt (Imperial Patent Office) in Berlin on 01 July 1877, and is the largest national IP office in… -
IP Cases & Articles
UKIPO confirms requirement for UK address for service with immediate effect
With immediate effect, in relation to certain intellectual property (IP) rights in the UK, the UK Intellectual Property Office (UKIPO) will seek to obtain a UK address for service (AFS) before any formal serving of documents. Failure to comply may result in a loss of rights. -
IP Cases & Articles
Well-known marks in the UK - how brands can benefit from broader protection
The new regulation (which came into force in the UK on 27 December 2022) amends Section 56 of the Trade Marks Act 1994 to grant holders of unregistered “well-known trade marks” (as defined in Article 6bis) the right to prohibit the use or registration of a conflicting mark on dissimilar… -
IP Cases & Articles
Hague design registrations: wheres my stamp of approval?
In the context of obtaining design registration protection, in many territories around the world, one of the mechanisms for achieving this protection is via use of the international Hague design registration system, operated by the World Intellectual Property Organization (WIPO), based in Geneva. -
IP Cases & Articles
Increases in the scale of costs to be awarded in UKIPO proceedings
According to Tribunal Practice Notice (TPN) 1/2023, the United Kingdom Intellectual Property Office (UKIPO) has increased it scale of costs. The new scale will apply to trade mark, patent and design proceedings commenced at the UKIPO on or after 01 February 2023. -
IP Cases & Articles
Aldi gin bottle infringes M&S bottle design, says IPEC
Marks & Spencer (M&S) has succeeded in a battle with Aldi over copycat gin bottles, successfully enforcing several UK registered designs against Aldi in a decision that should provide some welcome reassurance for designers seeking to use registered designs to protect their products. -
IP Cases & Articles
How can I patent products made by 3D printing? Challenges posed by latest EPO guidance on additive manufacture
Recent years have seen rapid growth in the use of additive manufacturing, also known as 3D printing. Additive manufacture can help to enable intricate design geometries which would not be feasible using traditional manufacturing techniques, allow bespoke parts to be created on-site based on scanning of requirements (for example, dental… -
IP Cases & Articles
Lufthansa v Astronics: reference signs and claim interpretation
As patent professionals know, the description and claims of a patent achieve different things. The claims legally define the invention that is protected. The description gives example “embodiments” of the invention. However, they are also linked. In particular, according to Article 69 EPC, the associated protocol and established UK case… -
IP Cases & Articles
German Federal Constitutional Court: complaints regarding the EPO inadmissible
In a joint decision of 08 November 2022, published on 12 January 2023, the Second Senate of the German Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) dismissed five constitutional complaints challenging decisions of the Technical Boards of Appeal and the Enlarged Board of Appeal of the European Patent Office (EPO) as… -
IP Cases & Articles
Disclosing an invention before filing a patent application: why a non-disclosure agreement in Germany is not enough
For start-ups, there is often a need to communicate an invention to potential business partners before a corresponding patent application is filed. Most applicants are aware that only new subject matter is patentable and therefore will require the execution of a non-disclosure agreement (NDA) before the invention is communicated. However,…
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