News & opinion
A gap could open up in IP rights relating to pharmaceutical products
The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.
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The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.
Novagraaf’s Trecina Surti outlines a recent success story in a dispute brought on behalf of a leading French wine producer. The case highlights the benefits of bad faith claims in opposition proceedings against Michael Gleissner.
Businesses need to understand and regularly review the scope of their IP agreements, not only to ensure they protect their valuable IP rights from theft or accidental lapse, but also to maximise opportunities to increase the value and income of their IP portfolios.
The UK government issued its latest 'white paper' on the future relationship between the UK and European Union yesterday (12 July). Apart from general statements on the importance of IP protections, it did not mention or specify plans for how IP rights would be managed post-Brexit, other than in regards to Geographical Indications (GIs) and, to a lesser extent, the Unitary Patent (UP).
It has become common practice in modern advertising for innovation-driven companies to shout about the patent rights protecting their products, including marking products with patent numbers. Doing so also acts as a deterrent to infringers and can increase the likelihood of successfully claiming damages where infringement does occur. However, the practice does not come without risks, as Eric Siecker explains.
Fans of Federer at this year’s Wimbledon may be wondering why he’s no longer sporting the distinctive ‘RF’ logo on his tennis whites. That’s because the trademark is actually owned by his former sponsor Nike.
Novagraaf’s Florence Chapin examines the recent CJEU preliminary ruling on relabelling and exhaustion of trademark rights.
Holder of CK EU trademark (EUTM) in classes 12, 40 and 42 successfully opposes application to register CK1 in class 12 on the grounds of likelihood of confusion.
European trademarks can be at risk of revocation actions on the basis of non-use (after the five-year grace period has expired). Novagraaf’s Ardine Siepman outlines what is considered ‘genuine use’ and the evidence needed to support such use.