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知的財産権法

186 記事

Jurisprudence : dessins et modèles, une divulgation à hauts risques

Jurisprudence : dessins et modèles, une divulgation à hauts risques

Par un jugement du 14 mars 2018, le Tribunal de l’UE a confirmé l’annulation prononcée à l’encontre du modèle bien connu de sabot de la société Crocs .

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New rules regarding reduction of the search and examination fees for Euro-PCT applications

New rules regarding reduction of the search and examination fees for Euro-PCT applications

On 1 April 2018, new rules entered into force regarding the search and examination fees for Euro-PCT applications due at the European Patent Office.

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Validation of European Patents in Cambodia effective from March 1st, 2018

Validation of European Patents in Cambodia effective from March 1st, 2018

Cambodia signed a validation agreement with the European Patent Office, allowing extending the effects of European patent applications to Cambodia. The agreement entered into force on March 1st, 2018.

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Change of the time limit for paying the third year annuity

Change of the time limit for paying the third year annuity

The administrative council of the European Patent Organisation has changed Rule 51 (1) EPC regarding the advance payment of the third year annuity.

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Creation of a Chamber of invalidity and cancellation for lack of use of trademarks before the NIIP: state of the talks

Creation of a Chamber of invalidity and cancellation for lack of use of trademarks before the NIIP: state of the talks

At this time, anyone who wishes to obtain the invalidity or the cancellation for lack of use of a French registered trademark, either by way of claim or counterclaim, must bring the action before one of the French District Courts (Tribunaux de Grande Instance) having jurisdiction over trademark matters.

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The French Patent Office allows the correction of the date of expiry of already granted SPCs following issuance of C-492/16

The French Patent Office allows the correction of the date of expiry of already granted SPCs following issuance of C-492/16

In case C-471/14 (Seattle Genetics, Inc.), the Court of Justice of the European Union held that “the date of the first marketing authorization in the Union” as referred to in Article 13(1) of Regulation (EC) No. 469/2009 is the date of the notification of the marketing authorization to its owner (and not its date of grant).

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New decision of the Enlarged Board of Appeal relating to disclaimers: G1/16

New decision of the Enlarged Board of Appeal relating to disclaimers: G1/16

This recent decision of the Enlarged Board of Appeals deals with the tests that are to be applied to determine whether a disclaimer complies with the requirements of Article 123(2) EPC in view of the two previous decisions relating to disclaimers, G1/03 and G2/10.

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Trademark Case Law : New means to combat online counterfeiting

Trademark Case Law : New means to combat online counterfeiting

For the very first time in French law, ALIBABA.COM is considered as a publisher and is being held accountable for the counterfeiting products sold on its website.

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Trademark jurisprudence: Trademarks consisting of a colors combination

Trademark jurisprudence: Trademarks consisting of a colors combination

Tribunal of the European Union – joint cases T101/15 et T102/15 – November 30, 2017
RedBull GmbH v. EUIPO and Optimum Mark sp.

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EPO guidelines for examination - Direct citation to oral proceedings after search report

EPO guidelines for examination - Direct citation to oral proceedings after search report

From November 1st, 2017 the new and updated Guidelines for Examination are applicable. While in the past, following the reply to the Search Report the EPO had to emit an official communication before scheduling oral proceedings, this has changed.

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Trademark jurisprudence: Legal obligation of use of a complex mark and scope of the general heading of a class

Trademark jurisprudence: Legal obligation of use of a complex mark and scope of the general heading of a class

The decision issued by the ECJ on October 11, 2017 provides two kinds of significant information to EUTM’s holders.

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Decision of the German Federal Supreme Court “Abdichtsystem” (Sealing system)

Decision of the German Federal Supreme Court “Abdichtsystem” (Sealing system)

According to the Federal Supreme Court, a supplier based in a foreign country is not generally obliged to check and control the further use of its products by a recipient. However, the supplier is obliged to check the situation in case there are concrete hints that the recipient will import and market the product in Germany.

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専門家
LAVOIX

Anne-Sophie AURIOL

Anne-Sophie
AURIOL

Mélanie
PARISE

Elisabeth THOURET-LEMAITRE

Elisabeth
THOURET-LEMAITRE

Ariane CHAUVEAU

Ariane
CHAUVEAU

Béatrice DAUBIN

Béatrice
DAUBIN

Jacob KLINKISCH

Jacob
KLINKISCH

Jean-Christophe LAUBET-XAVIER

Jean-Christophe
LAUBET-XAVIER

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