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Author’s rights infringement and software licenses

Author’s rights infringement and software licenses

Entr’Ouvert v. Orange and Orange Business Services
Paris Court of appeals, Pole 5 – 2nd Chamber, 19 March 2021, Docket number 19/17493

The Paris Court of appeals handed down a new decision, on 19 March 2021, in the field of author’s right infringement on softwares.

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Patentability of computer implemented simulations

Patentability of computer implemented simulations

The Enlarged Board of Appeal of the European Patent Office issued, on March 10, 2021, a decision in case G1/19, which relates to the patentability of computer-implemented simulations.

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EPO Guidelines for examination 2021 – Adapting the specification to the claims

EPO Guidelines for examination 2021 – Adapting the specification to the claims

On March 1^st, 2021, the Guidelines for Examination 2021 came into effect. Among the changes, the requirements concerning clarity have been revised. This influences the suppression of inconsistencies between the description and the claims before grant. The new approach is already implemented by the Examining Divisions since 2020.

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Storming MONT BLANC– between non-use and fraud

Storming MONT BLANC– between non-use and fraud

Rennes Court of Appeal, October 6, 2020, decision N° 16/05278
The French firm MONT BLANC established in the food industry is well-known for its creamy-desserts, and is notably the trademark owner of the French brand MONT BLANC, registered for several products and services in classes 5; 29 ; 30 ; 31 ; 32 ; 33 ; 35 ; 42 ; 43 ; 44 and 45.

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Changes of the rules regarding the inventor designation at the EPO

Changes of the rules regarding the inventor designation at the EPO

Currently, the EPO sends, according to Rule 19(3) EPC, to each inventor mentioned in a European Patent application a letter including information about the application, in particular the number of the European patent application and the name of the applicant. For that purpose, the EPO requires the complete addresses of the inventors.

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Brexit and supplementary protection certificates (SPCs) for medicaments in UK

Brexit and supplementary protection certificates (SPCs) for medicaments in UK

The transition period following Brexit ended on 30th December 2020.
“The Patents (Amendment) (EU Exit) Regulations 2019” which brings the EU legislation (Regulation No 469/2009) into the UK – with some adjustments to make the legislation UK-specific - and “The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020” have now entered into force.

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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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専門家
LAVOIX

Marion LAPERRIERE

Marion
LAPERRIERE

Flavien GARCIA MORAN

Flavien
GARCIA MORAN

Jacob KLINKISCH

Jacob
KLINKISCH

François-Marie ALBERTINI

François-Marie
ALBERTINI

Victor PERRACHON

Victor
PERRACHON

Anne-Sophie AURIOL

Anne-Sophie
AURIOL

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