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PACT Law: reform regarding patents and utility certificates

On May 23th, 2019, the PACTE law amending in particular industrial property was published.: read more about the evolution for patents and utility certificates.

Loi PACTE

"LOI PACTE" - The “LOI PACTE”, adopted by French Parliament on April 11 and validated by the Constitutional Council on 16 May, was promulgated on May 22, 2019. This law authorizes the Government to take by ordinance the necessary measures to transpose Directive (EU) 2015/2436 of December 16, 2015 on the trademark reform package (“Trademark Package”)...

G3/19 Hierarchy of provisions in the EPC - Follow-up of Decision T1063/18 relating to Rule 28(2) EPC

G3/19 Hierarchy of provisions in the EPC - Follow-up of Decision T1063/18 relating to Rule 28(2) EPC - The T1063/18 case (see our February 2019 IP Alert), refers to patentability of plants and in particular to the conflict of Article 53(b) EPC and Rule 28(2) EPC. The Board of Appeals decided : “Since Rule 28(2) EPC excludes plants or animals exclusively obtained by means of an essentially biological process from patentability, its meaning is in conflict with the meaning of Article 53(b) EPC as interpreted by the EBA.”

Working requirement in India

Find out about working requirement in India.

Decision "Drahtloses Kommunikationsnetz" (Wireless communication network) of the German Federal Supreme Court (BGH X ZR 14/17) - Public availability of internet publications

Decision "Drahtloses Kommunikationsnetz" (Wireless communication network) of the German Federal Supreme Court (BGH X ZR 14/17) - Public availability of internet publications - This decision concerns the public availability of prior art for a European Patent designating Germany, which was filed as a PCT application on 7 October 2008 under US priority of 8 January 2008.

Brexit : what future for your trademarks and designs ?

Brexit : what future for your trademarks and designs ? As you know, the date of October 31 for the United Kingdom leaving the European Union has been postponed to January 31, 2020.  In the event of a "No Deal", what would be the consequences for the owners of trademarks and designs filed / registered in the European Union ?

Evidence of bad faith trademark filling of the European Union

Evidence of bad faith trademark filling - The EUIPO’s cancellation division considers the notion of bad faith in a cancellation action filed by the Swiss company VF INTERNATIONAL SAGL against the European Union Trademark (EUTM) N°10015352     of the French company SUPER BRAND LICENSING...

Enlarged Board of Appeal of the European Patent Office New Referral relating to double patenting

Enlarged Board of Appeal of the European Patent Office - New Referral relating to double patenting - A technical board of appeal of the EPO has recently referred questions regarding double patenting to the Enlarged Board of Appeal.

The importance of submitting proof of use : revocation of the McDonald’s trademark BIG MAC

The importance of submitting proof of use : revocation of the McDonald's trademark BIG MAC - Cancellation Division, EUIPO, Decision n°14788C of 11 January 2019, Supermac's v McDonald's. A request for revocation for lack of genuine use was filed against the EU trademark BIG MAC n°62638...

T1063/18 Plant patentability provisions in the EPC - Rule 28(2)EPC without effect

T1063/18 Plant patentability provisions in the EPC - Rule 28(2)EPC without effect - On February 5^th, a Board of Appeals published the reasons for the decision of the T1063/18 case, which refers to patentability of plants and in particular to the conflict of Article 53(b)EPC and Rule 28(2)EPC.

Brexit : what future for your trademarks and designs ?

Brexit : what future for your trademarks and designs ? - Following the rejection of the withdrawal agreement by the British Parliament and in view of the difficulties and major sticking points in the negotiations, the possibility of the United Kingdom leaving the European Union without an agreement ("Hard Brexit") is becoming more and more likely...

Decision "Kraftfahrzeugfelgen II" (Motor vehicle rim II) of the German Federal Supreme Court (BGH)

According to Article 110 I of the community design regulation (CDR) protection as a Community design shall not exist for a design which constitutes a component part of a complex product used within the meaning of Article 19(1) for the purpose of the repair of that complex product so as to restore its original appearance.