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IP Cases & Articles
Nagoya Protocol - Implementation in the European Union
The Nagoya Protocol entered into force on 12 October 2014 and aims to implement the third objective of the Convention on Biological Diversity (CBD), namely the fair and equitable sharing of benefits arising out of the utilisation of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. -
IP Cases & Articles
Morocco to accept European patents - March 2015
Any European patent application filed on or after 01 March 2015 will automatically request validation in Morocco. If the European patent application is to be validated in Morocco a €240 fee must be paid within six months of the date on which the European Patent Bulletin records publication of the… -
IP Cases & Articles
Norway accedes to the London Agreement
The London Agreement came into force in Norway with effect from 01 January 2015. -
IP Cases & Articles
Ask Jo Malone - Whats in a name? A real minefield!
The Evening Standard features its 'Ask Jo Malone' column as an opportunity for readers to pose their business-related questions to Jo Malone, UK entreprenuer and perfumier. -
IP Cases & Articles
Three stripes and you're out? adidas v Shoe Branding
On 18 December 2013, adidas AG (adidas) applied to register a mark as a figurative European trade mark (EUTM), bearing the description: “the mark consists of three parallel equidistant stripes of equal width applied to the product in whatever direction”. -
IP Cases & Articles
Recognition: reputation in a substantial part of the EU
The Court of Justice of the European Union (CJ) has held that low market share in two member states is sufficient to demonstrate reputation of a Community trade mark. -
IP Cases & Articles
Use of colour in registered designs
A recent Hague Court decision has applied the common practice regarding use of colour in design views, as followed by the European Union courts. This decision highlights the different approach made in the recent 'Trunki' UK Court of Appeal decision. -
IP Cases & Articles
UK ukulele confusion: national passing off rights
A recent UK court decision demonstrates the potential vulnerability of Community Trade Marks (CTMs) having a low degree of distinctive character, the challenge of proving acquired distinctiveness across a sufficient part of the European Union (EU), and the utility of including a claim for passing off in infringement proceedings. -
IP Cases & Articles
It's not easy being green: Enercon v EUIPO (Gamesa)
In this case, the German energy company Enercon GmbH (Enercon) could not persuade the General Court (GC) that a mark consisting of five shades of green and white, registered in connection with wind turbines, was inherently distinctive. -
IP Cases & Articles
Genuine use of a trade mark
This is a decision of the General Court (GC) in which the court made a number of helpful findings in relation to genuine use of a trade mark, an area of trade mark law that continues to be in flux and raise questions for trade mark proprietors, and practitioners, alike.
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