The new Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products was published last October and will apply from 1 December 2025. Although certain provisions, such as those relating to the derogation from the national phase, the setting up of...
Limitation on the referential use of a third party's trademark The Court of Justice of the European Union (CJEU) has just answered the question referred for a preliminary ruling by the Spanish Supreme Court in the context of infringement proceedings concerning the trademark ZARA, which have...
Plausibility, sufficiency, and inventive step in patents In the field of intellectual property, the term “plausibility” is commonly used to refer to the “trustworthiness” or “credibility” of an invention claimed in a patent application. While its origin is still in discussion among experts, the concept of “plausibility”...
In early May, the EU Parliament and Council concluded a political agreement to protect geographical indications (GIs) for craft and industrial products, such as ceramics from La Bisbal or from Talavera, embroidery from Lagartera, inlaid pottery from Granada, damascene from Toledo, cuckoo clocks, etc. Currently, although...
The US Supreme Court ruled on 18 May that the Andy Warhol Foundation (AWF) infringed the copyright of the celebrity photographer Lynn Goldsmith by licensing a silkscreen print created by Andy Warhol with Prince’s face based on a photo of which she was the author. A...
Today, 1 June 2023, the Unitary Patent (UP) and the Unified Patent Court (UPC) come into operation. This marks the beginning of a new professional era for patent attorneys in Europe. The new patent system opens more options to obtain protection for inventions or technical innovations,...
New decision The Court of Justice of the European Union (CJEU) has recently issued a new decision (C-684/21; 02/03/2023) on the question of how to determine whether a feature of appearance of a registered design is solely dictated by its technical function. This is an important topic...
On February 17, 2023, the German government deposited its instrument of ratification of the Agreement on a Unified Patent Court. This confirms that the implementation schedule for the “Unitary Patent Package” will be as announced: The Sunrise Period will start on 1 March 2023. The Unitary Patent and...
Pharmacies have changed a lot through years and have developed into shops where consumers navigate in an avalanche of products (medicinal, dietary, hygiene, etc.) which can be easily interconnected and used in the same treatments -but with different focus-as they are all intended to improve...
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