Publications, press articles, rankings, awards
The UPC is gradually rolling out the new version of its CMS
The CMS is the case management system of the Unified Patent Court (UPC, https://www.unified-patent-court.org). It enables, among other things, the registration of legal representatives, the submission of documents by parties, access to case files, and the filing of opt-outs. +
UPC: Security for cost as a defendant to a counterclaim in revocation
Order of the Court of Appeal of the UPC issued on June 20, 2025 – APL_20694/2025 +
Data protection – January-June 2025
This newsletter presents a selection of legal news from January to June 2025 in the field of personal data protection. +
The rules of the (video) game
The video game industry has changed since the release of the arcade game Pong in 1972. The law has always had difficulty grasping video games. Today, case law identifies a video game, made up of several elements, as a “complex work”. This notion is vague and raises questions about its consequences. +
Temporal jurisdiction of the UPC
In appeal decision APL_8790/2025, dated June 2, 2025, the Court of Appeal of the UPC confirmed the temporal competence of the UPC for acts which occurred before the entry into force of the UPC Agreement and during the opt-out period when the opt-out was withdrawn prior to filing the action before the UPC. +
EPO renews ISO certifications and obtains ISO certification for its environmental management system
1. The EPO’s management system was audited in April 2025 in view of renewing the certifications already obtained in the past and obtaining ISO14001 certification for the first time. +
UPC: New insights on claim interpretation method by the Court of Appeal of the UPC
In Appeal Decision APL_64374/2024, dated May 1, 2025, the Court of Appeal of the UPC gave more details on how claim construction should be handled at the UPC. +
Validation agreement with the Lao People’s Democratic Republic entered into force on April 1st, 2025.
On May 13, 2024, the Lao People’s Democratic Republic signed a validation agreement with the European Patent Office relating to the possibility for applicants to validate a European Patent in the Lao People’s Democratic Republic. +
UPC: The discretionary authority of the UPC in the absence of statement of defence
Decision of the Court of Appeal of the Unified Patent Court issued on 5 May 2025, UPC_CoA_635/2024, APL_58934/2024 Order of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 2 April 2025 concerning the generic procedural applications Nos. App_61657/2024, 61782/2024 and 61784/2024 UPC_CFI_164/2024 +
May 1, 2025 – The design package is taking shape!
With the entry into force of Phase 1 of the European Union’s designs reform, several new considerations to take into account. +
The house mark, a limited reach
The house mark is a concept from the field of marketing that has been appropriated by trademark law. +
New version of EPO guidelines
In April, the European Patent Office (EPO) has published a new version of the Guidelines for Examination, Unitary Patent Guidelines, and PCT-EPO Guidelines. +
UPC: Procedural order on application to intervene
(Rule 313 RoP), UPC_CFI_698/2024 (CD Milan, March 27, 2025) +
Adoption of gender-neutral language in the EPC Implementing Regulations
Notice from the European Patent Office dated 12 February 2025 concerning the adoption of gender-neutral language in the EPC Implementing Regulations. +
BSH v. Electrolux: extended jurisdiction in cross-border patent infringement
BSH v. Electrolux: extended jurisdiction of EU Member State courts in cross-border patent infringement and validity. +
Esport and IP rights: the rules of the game
Esport is defined as “the competitive practice of multiplayer video games, within the framework of online leagues or competitions or physical events, essentially between professional players”. +
Jurisdiction of the UPC: decision of the Court of Appeal
In this important decision (UPC_CoA_30/2024 APL_ 4000/2024 Fives ECL, SAS vs. REEL GmbH) the court of appeal decided whether the Unified Patent Court (UPC) has competence for deciding about damages for on infringement decided by a national court and whether it has jurisdiction an acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court (UPCA). +
Designs: what to expect in 2025?
A rich news year for Designs and Models with the end of 2024 bringing. +
UPC extends its jurisdiction to the United Kingdom!
Decision UPC_CFI_355/2023 dated 28 January 2025. +
IP5 Statistics Report 2023
Recently, the annual IP5 Statistics Report of the world’s five largest IP offices (IP5) was issued. +
Copaxone – publication of the decision
Following our last IP Alert of 23 January 2025, the decision of the European Commission dated 8 April 2025 (only the English text is authentic) is now available under reference AT.40588 : https://competition-cases.ec.europa.eu/cases/AT.40588 +
Data protection – June-December 2024
This newsletter presents a selection of legal news from June to December 2024 in the field of personal data protection. +
Patent protection for methods for treatment in Europe and the US
For European patents, methods for treatment by surgery or therapy are explicitly excluded from patentability by the legislation (Article 53 EPC), although the case law of the European Patent Office has evolved towards a more permissive practice than in the past. Medical devices are not excluded, however, and may be the subject of a European patent application. +
Revision of the USPTO patent fee schedule
On November 20, 2024, the U.S. Patent and Trademark Office (USPTO) announced a revised Patent fee schedule that will take effect on January 19, 2025. +
Effective withdrawal of an opt-out when national proceedings are pending
Court of Appeal Decision of the UPC of 11-12 2024 AIM SPORT DEVELOPMENT AG vs SUPPONOR +
Effective withdrawal of an opt-out when national proceedings are pending
Court of Appeal Decision of the UPC of 11-12 2024 AIM SPORT DEVELOPMENT AG vs SUPPONOR +
New referral to the EPO Enlarged Board of Appeal – G 2/24
The Technical Board of Appeal of the EPO has referred a question to the Enlarged Board of Appeal to further clarify the status of a third party intervening during appeal proceedings. +
The legal framework for organising e-sport events
The law defines e-sport as “a video game competition [that] pits two or more players or teams of players against each other for a score or victory”[1]. +
Quick recap: European patent practice regarding the patentability of surgical methods
The case law of the European Patent Office (EPO) concerning the patentability of surgical methods has undergone a significant evolution following decision G1/07 of the EPO’s Enlarged Board of Appeal in February 2010. +
New developments regarding CNIPA-EPO Pilot Programme
Starting from December 1, 2024, the search fees for designating the EPO as International Search Authority for applications participating in the CNIPA-EPO Pilot Programme may be paid in Chinese Yuan directly at the CNIPA. +
Copaxone: EU Commission fines Teva over misuse of the patent system and disparagement
Copaxone – EU Commission fines Teva €462.6 million over misuse of the patent system and disparagement. +
Russia: new patent legislation
Regulation No. 1278 published on 27 September 2024 makes a number of changes to Russian law. +
Change of practice in access to patent literature documents
Notice from the European Patent Office dated 2 July 2024 concerning a change of practice in access to patent literature documents cited in search and examination proceedings. +
Continuation of examination and opposition proceedings in view of referral G 1/24
Notice from the European Patent Office dated 1 July 2024 concerning the continuation of examination and opposition proceedings in view of referral G 1/24. +
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation. +
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation. +
Milan: the IP place to be!
On June 27, 2024, the Unified Patent Court (UPC) opened a new section of the Central Division in Milan, following the decision of the Administrative Committee of 26 June 2023 amending the Agreement relating to the Unified Patent Court (UPCA) to establish a section of the Central Division in Milan. +
Lavoix strengthens its pan-European expansion by joining forces with Italian firm Giambrocono
Lavoix, major European player in the Intellectual Property (IP) industry, announces the acquisition of Italian IP firm Giambrocono. +
Romania will accede to the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024. Thus, starting from that date, the UPC agreement will have 18 members in Europe. +
Legislative changes in India
On March 15, 2024, the Indian Ministry of Commerce and Industry published amendments in the Official Gazette, modifying certain patent rules from 2003. +
Romania will accede the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024. +
Data protection – News for 2023-2024
This newsletter presents a selection of legal news in the field of personal data protection for the year 2023-2024. +
Cumulative Protection under the UPC Framework
Cumulative Protection: European Patent and National Patent vs Unitary Patent and National Patent +
What is the benefit of registering a patronymic brand for an athlete?
Many athletes benefit from brand protection that allows them to effectively combat opportunism and significantly increase their visibility. +
Cumulative Protection under the UPC Framework
Cumulative Protection: European Patent and National Patent vs Unitary Patent and National Patent +
Overview of the EPO Strategic Plan 2028
The EPO recently published its new strategic plan for the coming years up to 2028. +
Language of proceedings before the UPC: English 1 – German 0
In this interesting decision (UPC_CoA_101/2024 ApL_ 12116/2024 10x Genomics, Inc vs. Curio Bioscience Inc), the Court of Appeal ordered that the Language of proceedings should be changed from German to English. +
European Patent Office (EPO) has published a quality dashboard
The dashboard presents key performance indicators (KPIs) in quality and aims to enhance transparency by providing quarterly updates on quality and user satisfaction +
Wine labelling: creativity from constraint(s)
…or how to make the most of the latest mandatory statements to clarify the image of your wine and ensure its protection. +
Grandfather clause for European patent attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC). +
Stay of proceedings in case of parallel proceedings before the UPC and the EPO
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO. +
Acceleration of opposition proceedings in cases of parallel court actions
The EPO will accelerate the processing of oppositions if it is informed of parallel infringement or revocation proceedings before the Unified Patent Court or a national court or competent authority of a contracting state. +
Trademark protection for the Lego® toy figures: child’s play?
On 6 December 2023, the General Court of the European Union dismissed two invalidity actions brought by BB Services GmbH against two three-dimensional trademarks relating to toy figures, on the grounds that their shapes are not exclusively dictated by the nature of the product itself or by a shape necessary to obtain a technical result (General Court of the European Union judgements T-297/22 and T-298/22). +
Involvement of technical judges from the stage of the provisional measures
Procedural order, 25 January 2024 – Düsseldorf Local Division – UPC_CFI_452/2023 +
Notice from the EPO concerning Fee Changes effective on 1 April 2024
The EPO has published a simplified fee system newly introducing reduced fees for micro-entities. +
Protection of reputed trademarks
Cour de Cassation, Commercial Chamber, 31 January 2024 – Decision No. 22-20.293 +
IP5 Statistics Report 2022
Recently, the annual IP5 Statistics Report of the world’s five largest IP offices (IP5) was issued. +
Review of French and EU case law relating to pharmaceutical trademarks and designs 2023
Lavoix presents a review of pharmaceutical trademark and design decisions handed down by French and European Union courts. +
New edition of the IP Barometer
Created more than 10 years ago to gain a better understanding of developments in intellectual property, the IP Barometer also enables us to develop our services to better meet our clients’ expectations in terms of protecting and enhancing the value of their intangible assets. +
Marcuria, an IP law firm joins the Lavoix Group
Lavoix, a major European player in the Intellectual Property (IP) sector, announces the acquisition of Marcuria, a law firm specializing in trademark law, founded by Claire Ardanouy and Emmanuelle Jaeger, both admitted to the Paris Bar and graduated in intellectual property. +
Substantial increase of official fees in Canada and Argentina
Patent fees will increase up to 36% in Canada as from January 1st, 2024. +
End of the 10-day postal fiction at the EPO
A new fiction for notification and time limit calculation will enter into force on November 1st, 2023. +
Customs: what are the best practices for trademarks?
Philippe LODS talks about best practices in terms of counterfeiting and customs monitoring for trademarks on LexInside. An interview by Arnaud Dumourier for DECIDEURS TV. +
Tolerating is risky!
Often commented on, the FREE v. FREE SBE decision (Paris Court of Appeal – Pôle 05 ch. 02, January 14, 2022 / n° 20/05019, S. A.S. FREE/S. A.S. FREE SBE) raises the question of the starting point of the period of limitation in consequence of acquiescence. +
Conditions of validity of a clause stipulating the assignment of copyright in forthcoming creations
The Paris Court of Appeal recognizes the validity of a clause transferring copyright of an assignment clause in an employment contract. +
Easyfinance – New module available on IP data²
easyfinance is a new module in IPdata² that enables you to independently consult and extract your accounting and financial information, along with some business-specific information. +
Trademark ownership and legal limitations: necessary use and comparative advertising
Trademark registration confers on its owner a right of ownership over this trademark for the goods or services covered by it (article L.713-1 of the French Intellectual Property Code – IP Code), which notably includes the right to prohibit its use in the course of trade. +
Data protection March-May 2023
This quarterly LAVOIX newsletter presents a selection of legal news in the field of personal data protection for the period of March-May 2023. +
New Guidelines for Examination in the EPO
In March, the European Patent Office (EPO) has published a new version of the Guidelines for Examination. +
A word on plausibility and subsequent resumption of stayed proceedings
In November 2021, a Technical Board of Appeal referred to the Enlarged Board of Appeal regarding the notion of Plausibility and how it should be approached before the EPO. +
Increased burden of proof for owners of well-known trademarks
The decision of the General Court of European Union (December 7, 2022, T-623/21, EU:T:2022:776, Puma SE / EUIPO – Vaillant GmbH) has been widely commented by the IP community. +
World Quantum Day
Today, April 14, is World Quantum Day! +
MetaBirkin case: deafeating dissimulation and deceptive appearance!
On 8 February 2023, the New York Court found the American artist Mason Rothschild guilty of counterfeit and dilution of the registered trademark BIRKIN for marketing under the name “MetaBirkins” NFTs representing faux-fur-covered handbags whose shape was inspired by the iconic Birkin bag from Hermès. +
Data protection January-February 2023
This LAVOIX newsletter presents a selection of legal news in the field of personal data protection for the period January – February 2023. +
With Decision of the Administrative Council of 14 December 22, the EPO announced an adjustment of official fees
The fees and expenses as revised by the EPO are binding on payments made on or after 1 April 2023. This adjustment comes only one year after the last fee adjustment of 1 April 2022. In the past, the EPO used to adapt the official fees every two years. +
EPO celebrates the 50th anniversary of the EPC
The European Patent Convention (EPC) was signed in Munich on October 5, 1973 and entered into force on October 7, 1977 for the following member states: Belgium, Germany, France, Luxembourg, the Netherlands, Switzerland and the United Kingdom. +