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Data protection March-May 2023
This quarterly LAVOIX newsletter presents a selection of legal news in the field of personal data protection for the period of March-May 2023.
New Guidelines for Examination in the EPO
In March, the European Patent Office (EPO) has published a new version of the Guidelines for Examination.
A word on plausibility and subsequent resumption of stayed proceedings
In November 2021, a Technical Board of Appeal referred to the Enlarged Board of Appeal regarding the notion of Plausibility and how it should be approached before the EPO.
Increased burden of proof for owners of well-known trademarks
The decision of the General Court of European Union (December 7, 2022, T-623/21, EU:T:2022:776, Puma SE / EUIPO – Vaillant GmbH) has been widely commented by the IP community.
MetaBirkin case: deafeating dissimulation and deceptive appearance!
On 8 February 2023, the New York Court found the American artist Mason Rothschild guilty of counterfeit and dilution of the registered trademark BIRKIN for marketing under the name “MetaBirkins” NFTs representing faux-fur-covered handbags whose shape was inspired by the iconic Birkin bag from Hermès.