EU

Many of the world’s best known or most life-changing inventions were discovered entirely by chance. Valérie Stephann sets out five serendipitous discoveries.

Article 53(a) of the European Patent Convention (EPC) stipulates that European patents are not to be granted for inventions where commercial use would be contrary to public order or morality. Stéphanie Landais-Patarin discusses a recent case that considered such a decision in the context of animal cruelty.

A seniority claim allows the owner of a European trademark to claim prior rights based on existing EU national registrations. While a successful claim extends EUTMs back to the date of the earlier national registration, this doesn’t necessarily mean you should allow those rights to lapse, says Vanessa Harrow.

Dairy alternative Oatly has overcome objections to its slogan, ‘It’s like milk, but made for humans’, potentially offering a new way for vegan and vegetarian brands to protect plant-based trademarks in the EU.

In response to a 2019 CJEU decision on collective marks, INTA has filed an amicus brief before EUIPO’s Grand Board of Appeal to set out its views on genuine use. Doddy Wolfs explains what the ruling and INTA’s submission could mean for owners of collective marks.

Since the UK left the EU on 31 December 2020, UK-based businesses and citizens are no longer eligible to own or renew .eu domain name registrations, as UK Trademark Attorney Laura Morrish explains.  

The German Bundestag and Bundesrat approved the draft law ratifying the Agreement on a Unified Patent Court in November 2020. In theory, that means the Unitary Patent could come into force in 2022. If only, things were that simple, says Robert Balsters.

Read answers to some of the most frequently asked questions about Brexit and IP, from cloning of EU trademark and design rights to conversions, renewals, representation, customs applications, geographical indications, SPCs and much more.

Decision in 'Frigidaire' provides a reminder of the importance, yet difficulty, of quantifying and assessing genuine use. Trademark owners cannot be reminded enough of the vigilance that is necessary in this area.

The European Court of Justice of the EU (CJEU) has found that Ferrari can retain the trademark rights to the Testarossa brand, even though production of the iconic sports car was discontinued in the 1990s, as Theo Visser explains.

The UK’s departure from the EU at the end of this year will change the territorial requirements for genuine use of EU and UK trademarks, as Vanessa Harrow explains.

Protecting patentable innovations in the US and EU is the foundation of many corporate patent portfolios. However, a first patent filing in the US can cause issues obtaining subsequent protection in Europe, as Nadège Lagneau explains.