Insights
End to own name defence for corporate names
By Niclas Dahlberg | Posted on March 16, 2016
The new Regulation (EU) 2015/2424 amending Council Regulation 207/2009/EC on the Community Trade Mark (CTM) will enter into force from 23 March 2016 The use of another’s registered trade mark without consent as a trade name or company name will now specifically be deemed infringing use. Using a sign as a trade name or a company name can infringe...
Tags: Community Trade Mark, CTM, EU trademark application, Maier v ASOS
New ways to obtain trademark and design rights on the Faroe Islands
By AWA | Posted on March 9, 2016
Today there is only one way to obtain a trademark right on the Faroe Islands and that is by filing for a national Danish trademark. A designation of Denmark through the Madrid Protocol will only cover Denmark and Greenland, but not the Faroe Islands. As of April 13, 2016 this will change. The government of...
Making well founded decisions about opting out…
By AWA | Posted on March 3, 2016
…of the Unified Patent Court and requesting Unitary Effect for your European Patent The benefit of requesting Unitary Effect for your European Patent is obvious to anyone, by payment of only one renewal fee, equivalent to that of four national renewal fees, a territory potentially covering 25 EU states, if all current Contracting Member States...
Tags: European patents, UPC
Trademark Protection in China – if everyone could be Disney…
By AWA | Posted on February 29, 2016
In October 2015, the Chinese State Administration for Industry and Commerce (AIC) announced a special one-year nationwide campaign to protect the Disney trademarks. The campaign aims at attacking infringements of Disney trademarks, protecting the rights of consumers, creating a fair market and maintaining China’s international image of IPR protection. Routine monitoring (including online monitoring) will...
Tags: Administration for Industry and Commerce, Disney, SAIC, Shanghai AIC
Revised PACE programme from 1 January 2016
By AWA | Posted on February 12, 2016
The programme for accelerated prosecution of European Patent Applications (PACE) allows applicants to request that the European Patent Office (EPO) processes their application rapidly. The request must be filed in writing, but will be excluded from file inspection. In certain technical fields there has been constraints on how fast the EPO has been able to...
Tags: ECfS, ED, EESR, EPO, European Patent Applications, European Patent Office, ISA, PACE, PCT
Changes to the European Trademark system
By AWA | Posted on February 9, 2016
Classification reform – Article 28 (8) As we mentioned in our blog on 18 January 2016, a new regulation on the European Trademark (EUTMR) will enter into force on 23 March 2016. One of the changes concerns the scope of protection of a trademark registered in the European Union (“EU Trademarks”). The new regulation reflects...
Tags: Article 28 (8), Case C-307/10, Classification reform, EUTMR
OEM activities in China do not amount to trademark infringement
By AWA | Posted on February 8, 2016
The PRC Supreme People’s Court has decided that OEM activities in China do not amount to trademark infringement (however, this does not seem to be the final word on the issue) A foreign brand owner has registered its mark in a foreign country, but not in China. Another unrelated entity has registered the same or...
Tags: OEM, PRETUL, SPC, Supreme People's Court, TRUPER, Zhejiang Higher People's Court
Unitary SPCs in Europe after all?
By Niklas Mattsson | Posted on February 3, 2016
As readers of this blog know, we at Awapatent are actively following the exciting developments in the creation of a unitary patent system in Europe. It will be possible to obtain European patents with unitary effect in 25 countries, and we’ll have a new Unified Patent Court (UPC) for centralized patent disputes. We look forward...
Filed under: Insights
Tags: EU Commission, SPC, Supplementary Protection Certificates
Moncler secured victory with a substantial Damages Award
By AWA | Posted on January 29, 2016
Italian brand Moncler secured victory against Chinese infringer with a substantial Damages Award In a so-called “landmark” decision by the Beijing IP Court, luxury down jacket maker Moncler secured a victory against Beijing clothing company Nuoyakate Gourmet Co. Nuoyakate was marketing jackets bearing marks similar to those of Moncler’s registered marks, and it registered numerous...
Tags: Guangzhou Intermediate People's Court, mockner.com, Moncler, Nuoyakate Gourmet Co
Exclusive competence of the UPC – is it time to develop opt-out strategies?
By AWA | Posted on January 25, 2016
The Agreement on a Unified Patent Court (UPCA), “the Court”, will enter into force four months after the 13th Contracting Member State has deposited its instrument of ratification. This date has been gradually moved forward from the beginning of January 2014. It is now anticipated for early 2017. Immediately upon its entry into force of...
Filed under: Insights
Tags: EPC, European Patent Convention, SPC, unified patent court, UPCA
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