Insights
German decision on UPC expected in early 2020
By Louise Jonshammar, Niklas Mattsson | Posted on December 4, 2019
In an interview with IP industry publication Managing IP, Justice Huber of the German Federal Constitutional Court stated that the UK’s decision to leave the EU was of no concern to him and that, depending on the time it takes him and the other judges to deliberate, it is his intention for the Court to...
AMS Neve vs. Heritage Audio: What does the CJEU ruling mean for online infringement cases?
By AWA | Posted on November 20, 2019
EU-trademark owners receive much needed clarity on jurisdiction in online infringement cases The internet’s boundless nature provides EU-trademark owners with a wider audience, but multiplies the risk of infringement. With trademark infringement occurring all over the world, EU-trademark owners are left wondering what can be done and where legal actions can be initiated to protect...
The Crispr-Cas9 patent tussle continues: The case of UC Berkeley at the EPO
By Joanna Applequist | Posted on November 15, 2019
In Europe, we don’t do things the way the Americans do… Oral proceedings in the opposition against UC Berkeley’s (UC’s) main European patent EP2800811 are scheduled for all of three (!) days in February of 2020 at the European Patent Office (EPO). The opposition division’s (OD’s) preliminary and non-binding opinion, provided on the 30th of...
Chanel loses Chinese trademark infringement case involving ‘double C’ logo
By Ai-Leen Lim | Posted on October 17, 2019
Background Chanel owns the registered trademark (the ‘double C’ logo) in Class 14 in China. In June 2016 the Guangzhou City Haizhu District Administration for Industry and Commerce (AIC) raided a jewellery store and found goods resembling the shape of Chanel’s ‘double C’ logo. Representatives from Chanel later confirmed that the goods were fake. The...
Tags: chanel, china, IP court, trademarks, unfair competition
Denmark champions patents as fundamental to preventing climate change
By AWA | Posted on September 26, 2019
Danish Minister for Industry, Business and Financial Affairs Simon Kollerup stated that protecting the intellectual property rights of innovative green companies is essential. Kollerup’s comments come as a Joint Report from the European Patent Office (EPO) and European Union Intellectual Property Office (EUIPO) published on IPR-intensive industries and economic performance in the European Union. The...
Tags: CCMT, climate-change, Denmark, EPO, EUIPO, green innovations, green transition, patents
Draft regulations cement China’s emerging position on tackling infringement
By Ai-Leen Lim | Posted on September 11, 2019
Draft regulations from the National Development and Reform Commission (NDRC) formalise China’s changing stance on asserting punitive damages for infringement, severely punishing criminal acts regarding IP rights and stating that IP rights should be fully protected. Background The NDRC leads China’s macroeconomic planning. It formulates and implements strategies for national economic and social development and...
Protection services available for top-level adult domains
By AWA | Posted on September 5, 2019
ICM Registry, operator of sponsored top-level domains (sTLDs) such as .XXX, .PORN, .ADULT and .SEX, has launched a blocking service allowing trademark holders to protect their brands from top-level adult domains. AdultBlock and AdultBlock+ ensure trademarks cannot be registered under the four adult-related sTLDs. A service was previously available for the .XXX sTLD, but that...
Tags: domain names, Dotkeeper, top-level domains, trademarks
Brexit may stall Germany’s ratification of the UPCA
By AWA | Posted on August 26, 2019
The German Justice Ministry expressed earlier this month that the government will not ratify the Unified Patent Court Agreement (UPCA) until the implications of Brexit are clear. A letter from the Ministry in answer to questions of parliament stated: “The issue of the withdrawal of the United Kingdom from the European Union (so-called Brexit) and...
Tags: Brexit, EU, Germany, patents, unitary patent, UPC, UPCA
EPO and EUIPO study finds link between IPR and SME growth
By AWA | Posted on July 9, 2019
A recent study by EPO and EUIPO explores the relationship between prior IPR activities of SMEs and the likelihood of experiencing a high-growth period. The purpose of the research was to investigate the following questions: Can the filing of IP rights be used as a reliable predictor of the likelihood that an SME will experience...
Tags: designs, EPO, EUIPO, high-growth, IPR, patents, SMEs, trademarks
China Tackles Bad-faith Trademark Registrations
By Ai-Leen Lim, Ashley Zhao | Posted on June 4, 2019
The China National Intellectual Property Administration has published Draft Regulations in an effort to tackle bad-faith trademark applications. In this article, we take a closer look at the (i) Draft Regulations for Regulating the Application for the Registration of Trademarks, (ii) revisions to the PRC Trademark Law (wef November 1, 2019) and (iii) recently issued...
Tags: AIPLA, Bad faith, Beijing Court, china, Guidelines, INTA, regulations, trademark law, trademarks
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