Our publications
World Quantum Day
Today, April 14, is World Quantum Day! +
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” +
Data protection January-February 2023
This LAVOIX newsletter presents a selection of legal news in the field of personal data protection for the period January – February 2023. +
With Decision of the Administrative Council of 14 December 22, the EPO announced an adjustment of official fees
The fees and expenses as revised by the EPO are binding on payments made on or after 1 April 2023. This adjustment comes only one year after the last fee +
Start-up, SME: how to finance your patents with the Pass PI?
A start-up that owns a patent is at least three times more likely to succeed than others (Forbes, 2018). +
EPO celebrates the 50th anniversary of the EPC
The European Patent Convention (EPC) was signed in Munich on October 5, 1973 and entered into force on October 7, 1977 for the following member states: Belgium, Germany, France, Luxembourg, +
Early request for Unitary Patent possible from January 1st, 2023
The European Patent with unitary effect (“Unified Patent”) will be introduced soon. The final missing ratification is expected to be deposited by Germany in December. +
EPO abolishes 10 day “delivery grace period”
1. Under the current EPC system, letters from the EPO are deemed to be delivered to the addressee on the tenth day following its handover to the postal service provider. +
Infringement of the Protected Geographical Indication COGNAC
The INPI recognizes an infringement of the Protected Geographical Indication COGNAC by a trademark claiming eaux de vie benefiting from the geographical indication "Cognac". The COGNAC appellation is protected as a Protected Geographical Indication +
National measures accompanying the implementation of the unitary patent
It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force in spring 2023. At the same time the European Union regulation 1257/2012 and 1260/2012 will enter into force +
Systematic top-up search for earlier national rights by the EPO
The EPO will conduct additional searches to determine earlier national rights and further determine their prima facie relevance starting September 1, 2022. The EPO already carries out a search for prior European patent applications, +
EPO welcomes Montenegro as new member state
Montenegro accomplished the final step towards acceding to the European Patent Convention on July 15, 2022, and will thus become the 39th member state of the European Patent Organisation from October 1st, 2022. 1. +
METAVERSE: How to protect trademarks and designs in a virtual universe?
The Metaverse is a new place of exchange, not only for playful activities but also for commercial ones. Brands and products known on the traditional markets are offered to Metaverse users. A new trend +
EPO survey on grace period
1. The European Patent Office published recently the result of a survey regarding a grace period for novelty. The EPC requires to date strict novelty for the subject matter of EP patents, rendering publication of +
EPO publishes second edition of the Unitary Patent Guide
Background It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force end of 2022 or beginning of 2023. At the same time the European Union regulation 1257/2012 and +
Record Filings at the European Patent Office in 2021
Despite the pandemic filings of European patent applications increased again. 188 600 patent applications were received by European Patent Office (EPO) in 2021, which is an increase of 4.5% in comparison to the previous +
Transfer of IP rights for free: the downside of gratuity
The transfer of intellectual property rights free of charge must be qualified as a donation, and as such must comply with the requirements specific to the matter (Decision of the Paris Court of Justice, +
National, regional and international offices to implement the standard WIPO ST.26 for the sequence listings as of july 1, 2022
The Committee on WIPO Standards (CWS) adopted new WIPO Standard ST.26, which represents nucleotide and amino acid sequences listings in XML, replacing WIPO Standard ST.25. The representation of sequence listings in XML format rather +
Providing evidence of trademark exploitation within new invalidity proceedings is critic
The invalidity procedure has been modified by the provisions of the "Loi Pacte" (in force since December 11, 2019) in particular with regard to its admissibility conditions, which, with respect to the evidence of +
UPC and opt-out: definition, advantages and drawbacks
The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions. The +
The german federal government officially ratified the UPC act of approval on august 13th
The publication of the law in the Federal Law Gazette finally puts an end to the legal complications that have been blocking the german ratification process and, consequently, the establishment of the Unified Patent +
Again, and again: the UPC agreement is further challenged in Germany
Although the German Parliament («Bundesrat») recently voted in favor of the ratification of the Unified Patent Court Agreement (UPCA) (that we reported here), and despite the political will (see there), the German ratification of the UPCA +
The current state of play towards the set up of the Unified Patent Court
The Unified Patent Court Agreement will enter into a provisional preparatory stage once 13 signatory states of the Agreement including Germany, France and the United Kingdom and having ratified said Agreement have ratified or +
German Federal Constitutionnal Court’s decision
By order of June 23, 2021, the German Federal Constitutional Court (FCC) rejected two applications for preliminary injunction against the Act of Approval that was adopted on December 18, 2020, for the purposes of +
How to select the european patent with the unitary effect (Unitary Patent)
Unitary Patent a unique protection for 17 states in Europe With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon. This title enables to get a patent +
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