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Grandfather clause for European patent attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Stay of proceedings in case of parallel proceedings before the UPC and the EPO: the Paris Central Division dismisses the request
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Stay of proceedings in case of parallel proceedings before the UPC and the EPO: the Paris Central Division dismisses the request
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO.
Stay of proceedings in case of parallel proceedings before the UPC and the EPO
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO.
Acceleration of opposition proceedings in cases of parallel court actions
The EPO will accelerate the processing of oppositions if it is informed of parallel infringement or revocation proceedings before the Unified Patent Court or a national court or competent authority of a contracting state.
Trademark protection for the Lego® toy figures: child’s play?
On 6 December 2023, the General Court of the European Union dismissed two invalidity actions brought by BB Services GmbH against two three-dimensional trademarks relating to toy figures, on the grounds that their shapes are not exclusively dictated by the nature of the product itself or by a shape necessary to obtain a technical result (General Court of the European Union judgements T-297/22 and T-298/22).