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Update on Brexit and GDPR

Update on Brexit and GDPR

The Trade and Cooperation Agreement concluded between the European Union and the United Kingdom on December 24th, 2020 provides that the General Data Protection Regulation ("GDPR") will remain applicable in the United Kingdom for a transitional period of up to 6 months i.e. until July 1st, 2021.

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Artificial Intelligence Inventions at the EPO

Artificial Intelligence Inventions at the EPO

The European Patent Office (EPO) has hosted an online conference in December 2020 about one of the fastest moving fields driving the Fourth Industrial Revolution: artificial intelligence (AI).

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GCC Patent Office has ceased receipt of new filings of patent applications

GCC Patent Office has ceased receipt of new filings of patent applications

Based on the decision of the Supreme Council of the Gulf Cooperation Council (GCC) in its 41^st session (AlUla Summit – January 5, 2021) to approve a system (law) amending some provisions of the patent system for the GCC countries approved by Supreme Council in 1999, the GCC Patent Office has ceased receipt of new filings for GCC patent applications as of January 6, 2021, in accordance with the patent system for the GCC countries.

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The substantial assessment of the distinctive character of signs in the context of an infringement action

The substantial assessment of the distinctive character of signs in the context of an infringement action

CLINIQUE / WBT decisions: Paris Tribunal de Grande Instance of 16 December 2016; Paris Court of Appeal of 20 June 2017, Court of Cassation of 27 March 2019 and Paris Court of Appeal of 6 November 2020.

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4 th Amendment to the China Patent Law (pharmaceutical domain)

4 th Amendment to the China Patent Law (pharmaceutical domain)

With the entry into force of the 4th revision of the Chinese patent law on June 1, 2021, the following aspects are to be noted :
First, a possible compensation for unreasonable procedural delay (similar to the US PTA) is created : upon request of the owner, if a patent is granted 4 years after filing AND within 3 years from the examination request, then the office compensates the unreasonable delay, unless it is caused by the owner.

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Indian Patent Rules - 2020 Amendment

Indian Patent Rules - 2020 Amendment

With the entry into force of the 2020 Amendment of Indian Patent Rules 2020 on October 20, 2020, the following aspects are to be noted:
First, the Working Statement (Form 27) has been modified. In particular, the filing of the statement must be made each fiscal year (and no longer by calendar year) starting with the fiscal year immediately following the grant of the patent.

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Modification and extension of pilot project for oral proceedings by videoconference before EPO’s opposition divisions

Modification and extension of pilot project for oral proceedings by videoconference before EPO’s opposition divisions

The President of the EPO has issued on 10 November 2020 a decision to modify and to extend the pilot project for oral proceedings by videoconference before opposition divisions until 15 September 2021.

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Validation of EP patents in the UK post Brexit

Validation of EP patents in the UK post Brexit

Please note that starting from 31 December 2020, it will not possible any more to register an address of service in the European Union for granted European patents designating UK, in case correspondence is addressed to the patent proprietor after grant of the European Patent (e.g. for lack of payment of annual fees, invalidation actions, litigation etc.). If you instruct us to register an address of service in the UK, we will entrust a local agent to register its address of service.

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Possibility for Chinese patent applicants to select the EPO as ISA

Possibility for Chinese patent applicants to select the EPO as ISA

A two-year pilot programme allowing Chinese applicants to select the European Patent Office as international search authority (ISA) will start on December 1st, 2020.

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The challenge of protecting trademarks that represent iconic goods

The challenge of protecting trademarks that represent iconic goods

Since its creation in 1962, the Ferrari 250 GTO has been a legendary car for many aficionados. Limited to 36 units, it is one of the most sought-after cars in the world. For example, in 2018, one of its models was sold for 70 million, making it the most expensive car ever sold in the world.

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Brexit: provisions regarding renewals are known !

Brexit: provisions regarding renewals are known !

As already indicated, the United Kingdom left the European Union in January 2020 with a transition period expiring on December 31, 2020. It is therefore after this date that the Brexit and its consequences will become a reality.

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Cost distribution for non-attendance at oral proceedings – T2350/15

Cost distribution for non-attendance at oral proceedings – T2350/15

In the past years, the EPO took measures in order to streamline the opposition and appeal proceedings, including oral proceedings. Parties are essentially requested to use oral proceedings only to the extent necessary for defending their case.

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experten
LAVOIX

Jacob KLINKISCH

Jacob
KLINKISCH

Thomas PLAGNARD

Thomas
PLAGNARD

Bertrand DOMENEGO

Bertrand
DOMENEGO

Anne FRANCASTEL

Anne
FRANCASTEL

Camille PECNARD

Camille
PECNARD

Guillaume GRAND

Guillaume
GRAND

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