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8 Jan 2022, 11:21 am
Merpel and TechieKat Verónica Rodríguez Arguijo reported on a March 2021 decision of the Fifth Board of Appeal (R 1996/2020-5) of the European Union Intellectual Property Office (EUIPO) that answers this question. [read post]
6 Jan 2022, 12:21 am
Darren Meale of Simmons & Simmons presents the tenth volume in his rundown of notable trade mark cases over the past six months. [read post]
2 Jan 2022, 8:17 am
The author referred to two decisions following the Paris Supreme Court's decision in XIAOMI v PHILIPS confirming this trend and stating that the Paris High Court has jurisdiction to set a global FRAND rate because the European Telecommunications Standards Institute (ETSI) is based in Nice (7 December 2021, [RG 20/12558] and [RG 20/12558]).Miquel Montañá (Clifford Chance) reflects on the link between the European Patent Office (EPO) and the rule… [read post]
2 Jan 2022, 1:28 am
After Brexit, the UK judiciary is no longer bound by European Court of Justice decisions, which has actually made the UK an even more attractive place to enforce (though a local legislative initiative concerning standard-essential patents may reverse that trend in the specific context of SEPs). [read post]
29 Dec 2021, 9:36 am
One such instrument is the “Communications from the President of the European Patent Office (EPO). [read post]
28 Dec 2021, 1:48 am
the relevant sections in the Guidelines will reflect users' requirements with a view to legal certainty in the post-grant stage of their European patents". [read post]
27 Dec 2021, 9:08 am
Just a few days before Holidays season, the Legal Board of Appeal announced its ruling in the cases J 8/20 and J 9/20, thus confirming the decisions of the Receiving Section of the European Patent Office, both of which has refused the DABUS applications EP 18 275 163 and EP 18 275 174. [read post]
27 Dec 2021, 6:33 am
Currently, a case (Louboutin) is pending before the Court, in which the key issue is whether Amazon could be held directly liable for trade mark infringement over its fulfilment program.Finally, towards the end of last year, the European Commission unveiled its proposal for a Digital Services Act (DSA), which has now progressed to the Council and the European Parliament and is expected to be adopted sometime next year, further to the conclusion of trilogue negotiations. [read post]
24 Dec 2021, 4:15 am
This week in Other Barks & Bites: the Eleventh Circuit upholds a jury verdict finding misappropriation of trade secrets to alcohol sales invoicing software; the European Patent Office rules that an AI system cannot be a legal person who satisfies inventorship requirements; a U.S. magistrate judge recommends $83 million in statutory damages against Russian operators […] [read post]
24 Dec 2021, 4:15 am
This week in Other Barks & Bites: the Eleventh Circuit upholds a jury verdict finding misappropriation of trade secrets to alcohol sales invoicing software; the European Patent Office rules that an AI system cannot be a legal person who satisfies inventorship requirements; a U.S. magistrate judge recommends $83 million in statutory damages against Russian operators […] [read post]
23 Dec 2021, 2:11 am
In the US, the Department of Justice (DoJ), the National Institute of Standards and Technology (NIST), and the United States Patent and Trademark Office (USPTO) have released a modified version of their 2019 Policy Statement regarding Licensing Negotiations and Remedies for Standards-Essential Patents Subject to FRAND, and have requested public feedback on 11 issues related to it. [read post]
22 Dec 2021, 10:52 pm
We've known each other for well over a decade, and about each other for even longer as we were on opposing sides of the European software patent-eligibility debate in the early to mid 2000s. [read post]
21 Dec 2021, 5:18 am
The debate address the relevance of Art.60(1) EPC (The right to a European patent shall belong to the inventor or his successor in title), Art.60(3) EPC (In proceedings before the European Patent Office, the applicant shall be deemed to be entitled to exercise the right to a European patent) and Rule 19(2) (The European Patent Office shall not verify the accuracy of the designation of the inventor) as… [read post]
20 Dec 2021, 12:00 pm
To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. [read post]
14 Dec 2021, 8:35 am
ISO 27001:2013 certified, the company operates offices, document review and data centers across Europe, Asia, and North America. [read post]
14 Dec 2021, 6:34 am
A detailed proposal for the relocation of the Boards of Appeal will be presented for approval of the EPO member states by spring 2022.Further information:Joint declaration The Joint declaration reads [colour added]:Joint Declarationof the President of the European Patent Office andof the President of the Boards of Appealon the re-location of the Boards of AppealCONSIDERING the decision of the Administrative Council of 30 June 2016 (CA/43/16 Rev.1) on a comprehensive… [read post]
14 Dec 2021, 6:12 am
More from our authors: Vissers Annotated European Patent Convention 2021 Edition by Laurence Lai, Derk Visser, Peter de Lange, Kaisa Suominen€ 105 Intellectual Property and Sports: Essays in Honour of P. [read post]
12 Dec 2021, 12:45 pm
Patent and Trademark Office (USPTO) for use on cosmetics. [read post]
9 Dec 2021, 9:03 pm
Department of Justice Antitrust Division, the Federal Trade Commission, and the European Commission launched a joint commitment between the European Union and the United States to promote fair competition for the benefit of consumers, businesses, and workers. [read post]
9 Dec 2021, 8:55 am
Thomas Jaeger, European law expert of the University of Vienna, is an outspoken opponent of the Unitary Patent system, which he calls “a recipe for disaster”. [read post]
