Insights

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...

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...

Tags: EPC, European Patent Convention, SPC, unified patent court, UPCA

Reform of the European Trademark System

By AWA | Posted on January 18, 2016

After some years work on aligning and improving the European trademark system a new legislative package on trademarks has finally been accepted by the EU Parliament at the end of 2015. The new Trademark Directive is already in force, but needs to be implemented as national legislation within the next three years. The further course...

Tags: Community Trade Mark, CTM, EU Intellectual Property Office, EU Trademark, EUIPO, European Trademark, EUTMR, Office for Harmonization of the Internal Market, OHIM

The fight against fake drugs in Africa

By AWA | Posted on January 4, 2016

About 100,000 deaths a year in Africa are linked to the counterfeit drugs trade, according to the World Health Organisation (WHO). Sometimes counterfeit medicine kills directly, as in 2008 when 84 Nigerian babies given a teething mixture called ‘My Pikin’ were killed (the standard glycerin had been replaced with cheaper – and poisonous – diethylene...

Tags: anti-malarial drug, counterfeit medicine, Lonart DS, My Pikin, WHO

Brazil drives onto the Patent Prosecution Highway

By Troels Peter Rørdam | Posted on December 23, 2015

With the beginning of the year 2016, the Patent Prosecution Highway (PPH) family will welcome aboard an important new addition, namely the Brazilian Patent Office, INPI. With this addition the clear majority of the patent offices of the World’s biggest economies will have at least one PPH agreement. Thus the PPH becomes an even more...

Tags: Brazilian Patent Office, INPI, patent prosecution highway, PPH, The United States Patent and Trademark Office, USPTO

Names as trademarks – maybe not such a good idea!

By AWA | Posted on December 17, 2015

In Denmark the owner of a trademark cannot prevent others from branding themselves under their own name, as long as it is done in accordance with good marketing practice. This means that as long as the use of your own name does not lead to confusion, it is possible to trade under this name. Therefore...

Tags: Trademark

Andorran patent law enters into force

By Troels Peter Rørdam | Posted on December 9, 2015

In the heart of the Pyrenees Mountains, on the border between France and Spain, lies a small independent country. This country, of course, is The Principality of Andorra. The co-princes exercising sovereignty over Andorra are the President of the French Republic and the (Spanish) Bishop of Urgel. Andorra is not part of the European Union....