Insights
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
Case highlights difficulty in establishing use-based rights in Denmark under new Trademark Act
By AWA | Posted on June 3, 2019
The new Trademark Act came into force in Denmark at the start of 2019. Amendments to the act include an updated fee structure, a fast-track scheme and changes to the application date for renewals. The amendments came further to the EU Trademarks Directive (2015/2436), with member states having until 14 January 2019 to transpose the...
Filed under: Insights
Tags: Denmark, EUIPO, geographical scope, local significance, maritime and commercial court, online exposure, trademark act, use-based IP rights
Beijing High Court rejects Thermos’ appeal in invalidation proceedings
By Ai-Leen Lim | Posted on May 28, 2019
Over a decade ago, a Chinese company filed for the mark TILIR THERMO VOGUE in Class 21 for use on goods including vacuum bottles. Attempts by insulated container manufacturer Thermos to invalidate this mark over the past three years were put to an end by a recent decision from the Beijing High Court. Background In...
Filed under: Insights
Tags: Bad faith, china, Infringement, registration, Thermos, trademark law, trademarks
A quick guide to IP due diligence for investors
By Thomas Ewing | Posted on April 1, 2019
Thorough evaluation of a company’s assets is a crucial part of any investor’s acquisition strategy but knowing what to look for from an IP perspective throws up a myriad of challenges. Tom Ewing from AWA Strategy provides a quick guide to IP due diligence for investors and advisors. For venture capitalists Where an investment warrants...
Tags: Due Diligence, investors, IP strategy, target, venture capitalists
Danish court rules on first case since 1925 which establishes indirect patent infringement
By Mette Parlev | Posted on March 29, 2019
The rule on indirect infringement has been part of The Patents Act in Denmark for over 40 years. During that time, the rule has rarely been cited and up till now the most recent instance from the Maritime and Commercial Court was a case between Etradan BS A/S and Abena A/S (Case No. T-8-10) from...
The Abraxis judgement – CJEU clarifies the scope of Neurim teaching is narrow
By Louise Jonshammar | Posted on March 21, 2019
Article 3d of the SPC-regulation, read in conjunction with Article 1b, must be interpreted as meaning that the marketing authorisation for a new formulation of an old active ingredient cannot be regarded as being the first marketing authorisation for that product, when the active ingredient has already been the subject of a marketing authorisation. The European Court of...
Filed under: Insights
Tags: CJEU, formulation, marketing authorisation, Patent, SPC Regulation
What export waivers mean for European Supplementary Protection Certificates
By Louise Jonshammar | Posted on February 12, 2019
Louise Jonshammar takes a closer look at the final mandate surrounding export waivers for European Supplementary Protection Certificates, what it means for applicants and holders and the importance of monitoring once the Regulation comes into effect Supplementary Protection Certificates (SPC) offer patent owners an extension of up to five years of the basic patent’s...
Filed under: Insights
Tags: Brexit, EU, export waiver, generics, Infringement, patents, SPC
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