The European Court has rejected trademark protection as a 3D Union trademark for the shape of a flower. A flower symbolizes a scent and as such is descriptive of the goods claimed, which could be scented - even if scent is not relevant for some of these goods.
Although a number of similar elements were present, Piaggio failed with an application for invalidity against a more recent Community design. No impression of Déjà-vu was created, the CFI ruled.
Pharmaceutical manufacturers can only prevent information from applications for marketing authorisation for a medicinal product from being made available to other competitors if there is a well-founded and substantiated suspicion of abuse. The documents are not necessarily confidential, the ECJ ruled, and there is no
The European Patent Office confirmed four days ago the revocation of a granted patent on CRISPR genome processing, which is considered the key technology in the fight against cancer. This leaves the race for the patent rights on the CRISPR genome scissors still open, which actually seemed to have been decided already.
The BPatG confirms the nullity of the design with its judgement on the design sports helmet. The focus was on the presentation of the design in variations and previous case law on the theory of intersection. However, the cost decision in this case is also important for practice.
A comparative study by the EPO and CNIPA primarily examines "Computer Implemented Inventions" - and finds many similarities, but also important differences. In short, the EPO focuses on technical character, while the CNIPA focuses on technical features.
In a trademark dispute before the European Court concerning the EU figurative marks Lloyd vs. Lloyd's, the goods and services were compared. Does a common aesthetic function - as a contribution to the "look" - mean the similarity of goods? After all, in the fashion, accessories and perfumery industries, different goods
The documents filed with the EPO generally may be corrected upon request, even if payment of the appeal fee has not been executed due to incorrect indication or an omission. However, this is subject to the condition that the payment was genuinely intended and was immediately apparent.
The new year has hardly begun, and there are already several new spectacular patent infringement lawsuits against well-known and listed companies. Apple and Google are accused of patent infringement in Apple Watch and Voice Assistant respectively, and Varta is claiming patent infringement in Samsung headsets.
German employee invention law also applies to inventions made at universities. So what does the remuneration for an employee's invention at the university look like, especially since co-inventors are often involved?
Just before Christmas, Europe's highest court handed down an important ruling on copyright and e-books. Is a virtual marketplace for second-hand e-books an infringement of copyright?
Although proof for the genuine use use of the Sony mark Vita was not considered sufficient, the mark is now confirmed by the CJEU. A failure to state reasons is decisive in the trademark dispute, which has lasted several years - and the lack of an appeal against the previous ruling of 2017.
When an earlier mark, which is also very well known, is fully integrated into a new mark, this is a stronger indication of likelihood of confusion - possibly even maliciously. However, Nestle lost before the CFI just before Christmas with its word mark ONE against the figurative mark THE ONLY ONE.
Just before Christmas, the US authorities published a joint policy statement on Standard Essential Patents (SEPs). The declaration strengthens the patent holders and licensors under FRAND obligation in the application of legal remedies in case of infringement of SEPs.
Proof of genuine use of a trademark must be provided for the goods and services for which the mark is claimed. But must the official examination and proof of genuine use of a trademark be carried out for each product or service covered by the trade mark claimed?