Ladas & Parry LLP (JD Supra European Union)
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EUIPO Sends Out Warning Regarding Fake And Misleading Invoices
The European Union Intellectual Property Office (EUIPO) has posted a warning on its website regarding fake and misleading invoices which appear to come from the EUIPO.
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EUIPO And EPO Extend Deadlines, Uspto To Waive Fees, Other Countries Announce Their Plans On How To Conduct Ip Operations During The COVID-19 Pandemic
Because of the world-wide disruptions caused by the COVID-19 virus, patent and trademark offices around the world have been reacting in a variety of ways such as extending deadlines, waiving fees or ceasing operations all together.
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ECJ Decision In Sky v. Skykick Finds That Trademark Registrations Will Not Be Invalidated For Having Unclear And Imprecise Lists Of Goods And Services And Also Clarifies Tests For Bad Faith Trademark Filings
The eagerly anticipated decision of the European Court of Justice in the case of Sky v. SkyKick [Case C 371/18] was delivered on January 29, 2020.
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European Council Meeting On 3/21/19 Delayed The Effective Date Of Brexit Until At Least April 12
If the UK Parliament agrees by March 29 to the Withdrawal Agreement negotiated by the United Kingdom and the European Union last year as modified by the supplementary agreement of March 12 relating to the border between the Irish Republic and Northern Ireland, Brexit will take place on May 22, 2019.
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The Court Of Justice Of The European Union (CJEU) Rules That A Trademark For A Decorative Fabric Is Registrable And Enforceable
In Textilis v. Svenkst Tenn AB, the European Court of Justice (CJEU) held that the 2015 amendments to the trademark regulation (Article 7(1)(e)(iii) of Regulation No 207/2009), which limited the right for trademark protection if the mark consisted exclusively of the shape, or another characteristic, that gives substantial value...
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Does the word ‘Glen’ on a whiskey product make EU consumers think it is Scotch? The CJEU requires that national courts determine whether there is sufficient Conceptual Proximity for a Protected Geographical Indication (PGI) to be infringed
On June 7th, 2018, the Court of Justice of the European Union issued a preliminary ruling attempting to clarify the EU rules that protect registered geographical indications applicable to spirit drinks.
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We Celebrate What 40 Years of PCT and EPO Have Done for the Patent System
We salute the originators and implementers of the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPO) on their fortieth anniversary and look forward to continued use of both long into the future.
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January 2018 Commission Guidance on the General Data Protection Regulation was Issued to The European Parliament & Council
On January 24, 2018 the European Commission issued a communication (Communication from the Commission to the European Parliament and the Council (COM (2018) 43 final (EN))) describing the status of the completed and ongoing work in preparation for the May 25, 2018 effective date of the General Data Protection Regulation (GDPR).
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The European Union General Data Protection Regulation (GDPR): An Introduction
The European Union (EU) General Data Protection Regulation (GDPR 2016/679) will take effect on May 25, 2018. This regulation provides general guidance on what is needed for compliance, however many policies and procedures are still being written.
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European Commission Issues Documents On IP Enforcement Policy
The European Commission issued a package of documents on November 29th, 2017 on IP policy including...
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“Poisonous Divisionals” Poisoned In The EPO
For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that was clearly disclosed in an application from which its parent claimed priority, yet the parent itself had claims that were not entitled to such...
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Case 168/09 Flos Spa V Semeraro Casa E Famiglia Spa
The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and Directive 98/71 relating to Registered Designs. The Court held that the duration of copyright protection for a work that qualified for such protection should not be shortened just
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European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties
Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons who infringe the trademark rights of others may themselves be liable for trademark infringement.
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EU Trademark Registrations Covering Class Headings May Require Amendments before September 24, 2016
The European Union has recently amended its trademark law which may impact the protection given by European Union Trademarks (formerly known as Community Trademarks). These reforms will also cover EU designations of International Registrations filed under the Madrid System.
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European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each Member State
Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s European Community trademark (CTM) registrations for two versions of a checkerboard pattern (known as “Damier”) were cancelled by the General Court of the European Union (EGC).
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European Union – New Practice on black and white and colour trade marks
The protection and enforceability of black and white trademarks in the European Union has been called into question. Trademark owners should review their portfolios to determine whether this change will affect their European trademarks.
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The Court of Justice of the European Union Strengthens Unregistered Community Design Rights
The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and strengthening the rights afforded under these designs, particularly within the European fashion industry.
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EU Unitary Patent and Patent Court
The original proposals in the 1970's for the European Patent Convention (EPC) were intended to proceed in parallel with those for a Community Patent Convention. In the end, these were never implemented as a result of difficulties relating to the languages into which the whole or parts of Community Patents would have to be translated.
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Protecting Inventions Internationally – PCT Example
The United Kingdom, Japan and Norway, are all members of both the Patent Cooperation Treaty and the Paris Convention. The British Patent Office acts as the Receiving Office for the United Kingdom, the Japanese Patent Office acts as the Receiving Office for Japan and the Norwegian Patent Office acts as the Receiving Office for Norway.
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The European Design Regime
1. Introduction - In 1993, the Commission of the European Union issued proposals for a directive for harmonization of design laws within the member countries of the EU and for the creation of an EU-wide design regime that would co-exist with the harmonized national design laws in a manner analogous to that in which national trademark laws co-exist with Community trademark rights.
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A Primer on the European Community Trademark
Trademarks used to be protected in Europe, for the most part, by registering them before the trademark office of each nation of interest. However, trademark registrations obtained under the national laws have sometimes been used as barriers to legitimate free trade within the European Union (EU). The free flow of goods and services between member states is one of the fundamental freedoms...
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Revision of the EU’s Group Exemption on Technology Licenses
A revision of the EU’s Group exemption on Technology Licenses which exempts compliant licenses from the EU’s regulations on agreements in restraint of trade comes into effect on May 1, 2014. The most significant changes from the previous regulation are...
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Recent Changes in OHIM Practice
Specification of Goods and Services - The Office for Harmonization in the Internal Market (OHIM), also known as the European Community Trademark Office, has recently changed its practice regarding the use of class headings in the lists of goods and services for CTM applications and registrations following a decision by the European Court of Justice on June 19, 2012.
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European Patent Package
At the European Council meeting of June 28 - 29, the heads of government of the European Union reached agreement on what should be the last main issue delaying adoption of a “European Patent Package”.