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知的財産権法

Assessment of the distinctive character of three-dimensional trademarks: The need for a remarkable shape

In December 2015, Wajos GmbH filed before EUIPO the following three-dimensional trademark application for the shape of a container in relation to goods in classes 29, 30, 32 and 33.

Acceptance of International Applications filed in French or German into third pilot project on collaborative search and examination (CS&E) under the PCT.

On 31 May 2018, the IP5 Offices (European Patent Office, Japanese Patent Office, Korean Patent Office, US Patent Office and Chinese Patent Office) launched a third pilot project on collaborative search and examination (CS&E) under the PCT (hereinafter "the pilot project").

Non-payment of outstanding annuity obligations in Indonesia will result in the registry's non-acceptance of new patent filings from the same proprietor

On 16 August 2018, the Directorate General of Intellectual Property (DGIP) issued a Circular  [...] If Patent Holders do not comply with this requirement, the DGIP will no longer accept any new patent filings from the same Patent Holders until their entire annuity fee debts are settled.

Patentability of Graphical User Interfaces (GUIs)

Patentability of Graphical User Interfaces (GUIs) - With the revision of the Guidelines for Examination (see our October 2018 IP Alert), the European Patent Office has also revised its practice for the assessment of claims related to the presentation of information and GUIs.

Updated EPO Guidelines for Examination

Updated EPO Guidelines for Examination - From November 1st, 2018 the new and updated Guidelines for Examination will be applicable. The complete list of amendments in the November 2018 Guidelines can be found at : http://www.epo.org/law-practice/legal-texts/html/guidelines2018/e/m.htm. 

Restoration of the right of priority in the international phase and the effects before the EPO (Decision J10/17)

The PCT Regulation allow, according to Rule 26bis.3, two criteria for restoration of the right of priority by the Receiving Office, namely that the failure to file the international application within the priority period (i) occurred in spite of due care required by the circumstances having been taken; or (ii) was unintentional.

Validation in Cambodia on the basis of a Chinese patent

Validation in Cambodia on the basis of a Chinese patent - Since March 28th, 2018, it is possible to validate a Chinese patent in Cambodia - Conditions and documents required for validation... 

G1/18 - New referral to the Enlarged Board of Appeal

G1/18 - New referral to the Enlarged Board of Appeal - In accordance with Article 112(1)(b) EPC, the President of the European Patent Office has referred the following point of law concerning the interpretation of Article 108 EPC to the Enlarged Board of Appeal...

Conflict between a trade name, or other sign used in the course of trade, and a european union trade mark

The Spanish company RESIDENCE PALLADIUM filed opposition to the European Union trade mark application of the company FIESTA on the basis of its trade name GRAND HOTEL PALLADIUM, in particular for hotel services.

IP5 Pilot Project on collaborative search and examination under the PCT (CS&E) 3rd phase

The European Patent Office (EPO), the Korean Intellectual Property Office (KIPO) and the United States Patent and Trademark Office (USPTO) conducted in 2010 and 2011/2012 two test phases for collaborative search and examination (CS&E) under the PCT framework.

SPC Manufacturing Waiver

SPC Manufacturing Waiver - On May 2018, the European Commission released a proposal for a Regulation amending Regulation (EC) N°469/2009 concerning the supplementary protection certificate (SPC) for medicinal products.

Brexit : More clarity regarding the future of Intellectual Property rights in the United Kingdom

Following the annoucement of the United Kingdom leaving the European Union, the question remained regarding what would happen to European industrial property rights. The Draft Withdrawal Agreement dated Frebruary 28th, 2018 sheds some lights on these questions.