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Is use in only one single member state in EU enough for a Community Trademark?

By AWA | Posted on March 12, 2013

If you have a registered EU trademark (“Community trademark”) today, which was registered for more than five years ago, what are the consequences in practice if you only use your trademark in one country within the EU? The Court of Justice came with a ruling in case C-149/11 ONEL/OMEL on 19 December 2012, in which...

Tags: Community trademark, OMEL

Design just as important as technical issues in Apple vs. Samsung verdict

By AWA | Posted on August 31, 2012

The dispute between Apple and Samsung on smartphones and tablets has received much public attention. Recently, a landmark verdict was reached when a California based court decided in Apple’s favour. Samsung now has to pay at least one billion US dollars to Apple, who also has sought a sales ban in the USA on a...

Tags: design protection, Infringement, Patent, Software, USA

Counterfeit Goods in the EU – Troubling News but No Surprise

By AWA | Posted on August 14, 2012

On July 24, the European Commission published a press release concerning its report on seizure of counterfeit goods during 2011 in the EU (see the full report). It turns out that seizure of suspected counterfeit goods increased some 15 % compared to 2010. Top categories are medicines (24 %), packaging material (21 %) and cigarettes...

Tags: china, counterfeits, EU, Infringement, IP rights, Piracy, Trademark

ZLATAN, ROONEY and EURO 2012 – Protected as Trademarks

By AWA | Posted on June 20, 2012

EURO 2012 is indeed on-going and now it is time for the exiting quarter-finals. Huge investments have been made for the tournament and companies are using various branding strategies to become connected to EURO 2012. However, in these times it is more important than ever to discuss with your marketing departments how you are going...

Tags: brands, Community trademark, Football, trademark registrations

EPO Enlarged Board of Appeal repeats obligation to raise objections in time

By AWA | Posted on February 1, 2012

Last week, the European Patent Office released two new decisions by the Enlarged Board of Appeal on petitions for review, R 2/11 and R 10/11. Both the underlying petitions were based on what the petitioners regarded as fundamental procedural defects before respective Boards of Appeal 3.2.04 and 3.2.03. Both cases are appeals from opposition proceedings. In R...

Tags: Board of Appeal, claim amendments, EPO

Claiming a non-therapeutic use with inseparably associated therapeutic effect

By AWA | Posted on January 9, 2012

A use of a substance or composition for the treatment of humans by therapy is excluded from patentability according to the EPC Article 53(c). However, claiming a non-therapeutic use of a substance or composition may still fall under this same exclusion if the non-therapeutic use is inseparably associated with a therapeutic use. This was confirmed...

Tags: claim, EPC, technical board of appeal

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Laura Stravinskaite

Laura Stravinskaite

Senior Associate, Attorney at Law

Ai-Leen Lim

Ai-Leen Lim

Partner, Attorney at Law, Group Vice President

Ashley Zhao

Ashley Zhao

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Troels Peter Rørdam

Troels Peter Rørdam

Senior Counsel, European Patent Attorney

Mikkel Roed Trier

Mikkel Roed Trier

Partner, European Patent Attorney, UPC Representative, Business Area Manager