UNION-IP Designs Round-Table in London on 8 June 2018

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Calendar

Union-IP organises the UNION-IP Designs Round-Table in London on 08 June 2018.

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HGF opens its 16th Office: Westport, Ireland

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HGF bericht: "HGF are continuing to expand, with a strategic move into Ireland and the opening of its 16th office in Westport in the West of Ireland. The office location was chosen to capitalise on investments in the life sciences sector and be in close proximity to Galway, a globally recognised hub for MedTech …

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EUIPO: Model 'Bunch-O-Balloons' invalid

IP10123

EUIPO declared the Bunch-O Balloons design of Tinnus Enterprises with No 001431829-0006 invalid because its appearance is solely dictated by its technical function. 

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Courtesy of Esther Schnepper and Berber Brouwer, Bergh Stoop & Sanders Advocaten

EU trade mark HP not descriptive, sufficiently distinctive and registered in good faith

IPPT20180424, General Court EU, Senetic v EUIPO
HP logo

Trade Mark Law - Senetic filed an application for a declaration of invalidity of the EU trade mark registrations of HP on the grounds that the marks were descriptive, lacked distinctiveness and that the registration of the marks was done in bad faith. 

 

 

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UK ratifies the Unified Patent Court Agreement

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From the press release: “The Minister for Intellectual Property, Sam Gyimah MP, has today (26 April 2018) confirmed that the UK has ratified the Unified Patent Court Agreement (UPCA). Our ratification brings the international court one step closer to reality. […]

 

Innovative businesses will benefit …

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Opinion AG CJEU: No SPC for active ingredients that are not mentioned in the words of the claims of the basis patent

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Pending Case law

Patent Law - SPCs. Case C-121/17: Teva v Gilead. Opinion A-G Wathelet. Preliminary questions High Court of Justice of England and Wales, Chancery Division.

 

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CJEU on the concept of "competitive disadvantage" point c, second paragraph of Article 102 of the TFEU

IPPT20180419, CJEU, Meo v Autoridade da Concorrencia

Unfair competition - The concept of ‘competitive disadvantage’, for the purposes of subparagraph (c) of the second paragraph of Article 102 TFEU, must be interpreted to the effect that, where a dominant undertaking applies discriminatory prices to trade partners on the downstream market, it covers a situation in …

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CJEU on seniority revoked national trade mark

IPPT20180419, CJEU, Peek & Cloppenburg

Trade Mark Law - No basis in EU law for the claim that the use of a national trade mark can have a legal effect after it has been renounced. Article 14 Trade Marks Directive 2008 in conjunction with Article 34 (2) EU Trade Mark Regulation precludes national legislation whereby the invalidity or revocation of an …

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Opinion AG CJEU: EUIPO must re-examine trade mark three-dimensional 'Kit Kat 4 fingers'

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Pending Case law

Trade Mark Law. Case C‑84/17 P Société des produits Nestlé v Mondelez UK Holdings & Services. Opinion AG Wathelet.

 

From the press release: "According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as …

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Preliminary questions about jurisdiction of EU trade mark court

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Case C-172/18: AMS Neve and others. Preliminary questions Court of Appeal United Kingdom

 

Trade Mark Law. The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement …

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$ 19,2 million in statutory damages for infringement Harley-Davidson trademark

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World Intellectual Property Review: "Motorcycle manufacturer Harley-Davidson has secured $19.2 million in statutory damages in a trademark clash with t-shirt designer SunFrog, in what is Harley-Davidson’s largest-ever trademark infringement win. In May last year, Harley-Davidson accused SunFrog of selling …

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IViR Summer Courses on Privacy Law & Policy en International Copyright Law

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IViR: "SUMMER COURSES IN AMSTERDAM: INTERNATIONAL COPYRIGHT LAW & PRIVACY LAW AND POLICY

 

This summer, the Institute for Information Law (IViR), affiliated with the University of Amsterdam, will hold its annual Summer Courses on International Copyright Law and on Privacy Law and Policy. Both courses will …

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Invitation to HGF's INTA Drinks Reception

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Please join us at our INTA drinks reception on Monday 21st May to celebrate HGF's significant growth over the last 12 months. 

 

Our reception will be held at the award winning Loulay Kitchen & Bar which is less than a 5 minute walk to the Convention Centre.

 

Monday 21st May

5pm - 7pm

 

RSVP to Sinead …

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Trademark lawsuit against firm behind 'Alibabacoin' filed by Alibaba

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 Alibaba Group Holding Ltd on Monday sued a Dubai-based firm it said has caused confusion by using its trademarked name to raise more than $3.5 million in cryptocurrency known as “Alibabacoins.”

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Joint statement European IP organisations regarding the negotiations concerning Brexit

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"We do of course understand that there are many pressing issues connected to the negotiations. We wish, however, to emphasize the importance of IP for the economy in Europe, both in the EU27 and in the United Kingdom (UK). This view is well supported by previous studies made by the European Observatory on …

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Dolby sues Adobe for dodging license fees

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The Register: "Audio specialist Dolby Labs is suing Adobe for copyright violation as the two companies sit at odds over licensing payments.

complaint [PDF] filed with the Northern California District Court accuses Adobe of violating its copyright on nine different media encoders and software routines. The …

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'China will strengthen punishment of intellectual property rights violations'

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China will strengthen punishment of intellectual property rights violations and provide equal protection to both Chinese and foreign companies, the head of the intellectual property rights office said on Tuesday.

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CJEU: the existence of alternative designs isn’t decisive in order to ascertain whether the relevant features of appearance of a product are solely dictated by its technical function.

IPPT20180308, CJEU, Doceram v CeramTec

Design Law - In order to ascertain whether the features of appearance of a product are solely dictated by its function, it must be established that the function is the only factor which dictated those characteristics: the existence of alternative designs isn’t decisive. In order to ascertain whether the product is …

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Opinion AG CJEU on geographical indications for Whisky

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Pending Case law

Geographical IndicationsCase C-44/17 The Scotch Whisky Association. Preliminary questions. Landgericht Hamburg (Germany). Opinion A-G Saugmandsgaard Øe

 

From the press release: "Advocate General Saugmandsgaard Øe issues his opinion on the interpretation of EU law provisions relating to geographical …

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