Insights
‘Soft Brexit’ provides for creation of comparable UK trademarks and designs
By AWA | Posted on August 23, 2018
Owners of existing EU trademarks (EUTM) and designs (RCD) had been left somewhat in the dark about what will happen to their intellectual property rights on 29 March 2019, but The UK Intellectual Property Office is now shedding some light on the situation. Existing EU trademarks and designs will, under the provision that the withdrawal...
Tags: Brexit, Britain, designs, EU, EUTM, Intellectual Property, RCD, trademarks, UK
Louboutin trademark case: The red sole verdict
By Angela Boman | Posted on June 12, 2018
Today, the Court of Justice of the European Union (CJEU) stated that a sign such as the Louboutin’s trademark is intended purely to show the positioning of the red colour covered by the registration and not consisting ‘exclusively‘of a shape (Case No. C-163/16) The French shoe designer Christian Louboutin is defending its BENELUX trademark registration...
Tags: Christian Louboutin, design, Infringement, Louboutin, Netherlands, red sole, red soles, ruling, shoe designer
A new exemption from supplementary protection certificates (SPC) in the EU
By Louise Jonshammar | Posted on May 30, 2018
Some thoughts on the EU Commission proposal for manufacturing waivers to restrict SPC protection On 28 May, 2018, the European Commission published its proposal to amend Regulation (EC) No 469/2009 concerning supplementary protection certificate for medicinal products. Urged by the European Parliament, the Commission introduces a so-called manufacturing exemption for export purposes, also known as...
Antibodies vs. the EPO – What scope of protection?
By AWA | Posted on May 21, 2018
Antibodies are currently enjoying great attention and are, together with their derivations and combined applications, growing to occupy centre position in the therapeutics and diagnostics fields. Indeed, the possible industrial applications have increased many fold since the harvesting of the first monoclonal antibodies by researchers Ehrlich & Metchnikoff, which led to an effective syphilis treatment...
Tags: AIS, antibodies, EPO, US
Patent attorneys will now enjoy legal privilege before the Danish courts
By Mikkel Roed Trier | Posted on May 17, 2018
Today, the proposition to amend the Administration of Justice Act (which was first reported on here) passed in the Danish parliament (Folketinget). The most important issue relates to introduction of a legal privilege for patent attorneys. Danish industry and patent attorneys, including the author of this, have worked for the introduction of such a legal privilege...
Tags: administration of justice act, Danish parliament, Folketinget, patent attorney
A closer look at the countries that have ratified the UPC
By AWA | Posted on May 4, 2018
Considering that the UK now has ratified the UPC agreement, the entry into force of the system seems imminent although the German Federal Constitutional court still have to settle the complaint filed during 2017. If the complaint is dismissed, we will probably see the UPC opening up in 2018. Out of the 25 EU member that...
Tesla and Nikola Motor fight over futuristic truck design in billion dollar law suit
By Mikael Andersson | Posted on May 3, 2018
On 1 May, Nikola Corporation filed a law suit against Tesla Inc. In the court filing, Nikola Corporation claims that Tesla Inc. infringes three US design patents protecting the overall shape of the fuselage, the wrap windscreen, and the side door. Nikola Corporation, more known as Nikola Motor, is a US start-up company developing fully-electric...
Tags: design patent, Infringement, law suit, Nasdaq, Nikla Motor, Nikola Corporation, semi-truck, Tesla
Why the authorities are taking a tougher stance on trademark infringement in the food industry
By Ai-Leen Lim | Posted on April 4, 2018
Thirteen defendants have been criminally prosecuted in Shanghai for selling goods under illegally manufactured labels, reinforcing the tough stance that the authorities have been taking in counterfeit food cases. The cases On January 11 2018, the Intellectual Property Trial Division of Shanghai Pudong New Area People’s Court delivered judgment in six cases involving trademarks for...
Tags: china, criminal prosecution, fruit, Infringement, labels, Trademark, trademark infringement
AWA Litigation secures win for start-up client Integration Diagnostics Sweden AB in a patent infringement and invalidity case
By AWA | Posted on March 21, 2018
The Patent and Market Court in Stockholm recently issued a judgment in a patent dispute between Osstell AB and Integration Diagnostics. Osstell claimed that Integration Diagnostics’ instrument for contactless measurement of dental implant stability (with the somewhat amusing trademark “Penguin”) infringed one of its patents. Integration Diagnostics denied infringement and also filed a counter-claim...
New proposed law: Legal privilege for patent attorneys before Danish courts
By Mikkel Roed Trier | Posted on February 28, 2018
After more than ten years of effort from Danish IP and industry associations, the industry hopes to soon enjoy legal privilege for patent attorneys before Danish courts. On 28 February, the Danish Minister for Justice proposed a number of changes to the Danish Administration of Justice Act (AJA), the most import of which relates to...
Tags: AJA, Denmark, IP, Legislation, US
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