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News & opinion
Invention disclosure: What happens if you disclose an invention before filing a patent?
Disclosing an invention before filing a patent, whether by accident or design, may lead to any subsequent patent application being rejected. Adrien Metivet sets out the dangers and consequences of uncontrolled invention disclosure.
News & opinion
Supplementary protection certificates and basic patents
For supplementary protection certificates (SPCs) to be filed in the EU, they must be based on a basic patent. Lise Luciani discusses this condition in the context of a recent French ruling.
News & opinion
EUIPO cancels MINISO trademark due to copyright registration in China
EUIPO's cancellation of the MINISO trademark based on a copyright registration underlines that a trademark registration can be cancelled for infringing other IP rights, not simply registered trademarks, says Valerie Annan.
News & opinion
EU design reform – A modernising proposal with sustainability goals
The proposed EU design reform package seeks to rejuvenate, harmonise and modernise a system that was originally implemented 20 years ago. Anne-Catherine Schihin sets out its main objectives, including the green goals of the new repair clause.
News & opinion
Design protection in Europe: What constitutes a component part?
Component parts of complex objects that are not visible during ‘normal use’ of the object do not enjoy design protection in Europe. But what constitutes a component part of a complex object? Volha Parfenchyk shares a recent ruling by the EU General Court that provides some clarification.
News & opinion
Patent oppositions: Did you know that it is possible to oppose a granted patent?
Just because a patent has been granted does not mean it cannot be disputed. Vincent Robert explains the procedure for patent oppositions in the EU, including when and how it can be used.
News & opinion
Figurative mark for flat containers refused for confectionery
In affirming the EUIPO’s decision to refuse the registration of a figurative mark for confectionery containers, the EU General Court has confirmed that the principles developed in the context of 3D trademarks are also applicable to 2D trademarks.
News & opinion
Mechanical patents and sufficiency of disclosure in the EU
The Boards of Appeal of the European Patent Office (EPO) recently ruled in a case concerning sufficient disclosure for a patent application related to wind turbines. Robert Balsters examines the decision and what it means for mechanical patents.
Unitary patent
The Unified Patent Court system is now live!
After much dispute, discussion and delay, the Unified Patent Court launch officially took place this morning at 9 am CET (1 June 2023). Organisations can now benefit from a new unitary patent (UP) right and access the new Europe-wide patent court system (UPC).
News & opinion
EU General Court finds no risk of confusion in pharmaceutical trademark dispute
In disputes over pharmaceutical trademarks, the courts take a precautionary approach to exclude any risk of confusion between two medicines marketed under similar brand names. However, this restrictive approach has been qualified by EU case law, as Florence Chapin explains.
Hot topics
Parallel imports: When is rebranding generic medicinal products justified?
Parallel imports, also known as ‘exhaustion of trademark rights’ or the ‘first sale doctrine’, is a well-known limitation to the rights of trademark owners. Volha Parfenchyk discusses the practice in the context of two recent EU rulings on the branding of generic medicinal products.