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Data protection – April-June 2026 News
This newsletter presents a selection of news from April to June 2026 in the field of data protection.
Phase 2 of Design Package – Entry into force on July 1, 2026
New technical requirements for static, dynamic, and animated representations are introduced, along with new file formats, to improve the understanding of the characteristics of European Union designs.
The UPC Paves the Way for Stronger Protection of Digital Innovations: A Data Stream May Constitute a “Product”
In a decision dated 16 June 2026 (UPC_CFI_86/2025), the Mannheim Local Division of the Unified Patent Court (UPC) held that an intangible data stream, such as an encoded video stream (a “bitstream”), may qualify as a “product” within the meaning of Articles 25(a) and 25(c) of the UPC Agreement.
Trademark filed to extend an expired patent: bad faith sanctioned
Decision: Cass. com., 7 january. 2026, n° 21-23.458
The French Supreme Court confirms that a trade mark may be invalidated for bad faith where it is filed with the aim of unduly extending the technical protection granted by an expired patent.
The UPC Court of Appeals Overturns Extraterritorial Jurisdiction in the Lawsuit Against OpenAI and Adobe
In an order dated March 13, 2026, the UPC Court of Appeal ruled that the UPC lacks jurisdiction to hear the alleged infringement of patent EP 2 949 070 in Switzerland, Spain, the United Kingdom, Ireland, Norway, and Poland (third countries that are not members of the UPC).
German Patent Office Statistics 2025: Growth in Filings and Improved Court Efficiency
The German Patent and Trade Mark Office (DPMA) recorded a growth in 2025, particularly in the fields of patents and utility models after a decline in the recent years. Patent filings increased to 62,050, representing a rise of 4.7% compared to 2024, while utility model applications saw a strong increase of 19.3% to 11,427 filings. The number of published patent grants also grew moderately, reaching 24,475 (+2.2%).