The journalist published on the website of the online daily newspaper Gândul an article entitled ‘An original message from a teacher for parents who are thinking of giving her gifts at the start of the school year’. In the standfirst, the entire text published by the applicant in the main proceedings was reproduced...

Conditions for the protection of a design – Novelty – Individual character – Visual characteristics predetermined by a third party – Freedom of the designer in developing the design – Concept of ‘informed user’ – Influence of features linked to fashion trends. The owner or designer is not required to demonstrate that a...

Patents valid (Article 65 UPCA) but not infringed (Article 25 UPCA).Claim Interpretation (Article 69 EPC, Interpretation Protocol). Feature 1(h): No literal infringement: It follows from the strict, literal wording of the claim that the term “non-overlapping” is to be interpreted as not allowing any kind of overlap...

Subsequent requests for amendment of the patent rejected. (Rule 30(2) RoP). Application not sufficient to enable court’s to exercise discretion. Plaintiff's reasoning limited to general statements.The Plaintiff did not establish a connection between the amendments made in the auxiliary motions and specific arguments...

Application for suspensive effect appeal unfounded (R. 223 RoP, Article 74 UPCA). Lepu has failed to demonstrate that the Hamburg Local Division’s findings and considerations constitute manifest errors, i.e. factual findings or legal considerations that are clearly untenable even on the basis of a summary assessment...

Preliminary injunction granted (Article 62(1) UPCA). Sufficient proof of threat of imminent infringement with medical device (R. 206.2(c) RoP): by obtaining (and publicly announcing) CE-mark approval for the attacked embodiments after the necessary clinical evaluation, providing “ordering information” and announcing to...

Application for suspensive effect of order to communicate information unfounded (R. 223 RoP, Article 74 UPCA, Article 67 UPCA). Communication of information belongs to measures that, when so ordered, are necessary to ensure a high level of protection. It is thus only under exceptional circumstances that the enforcement...

(in)direct patent infringement (Article 25 UPCA); Revocation dismissed (Article 65 UPCA). Counterclaim for declaration of non-infringement inadmissible in the absence of a prior assertion of infringement with respect to Product 2. Such assertion may not be deduced from the mere fact that the patent was invoked with...

EU law does not preclude national rules requiring all co-authors to be involved in a copyright action, provided that the procedure is not unnecessarily complex or costly and does not make it impossible or excessively difficult for one or more co-authors to litigate. The court must always safeguard the right to...

Security for costs already awarded in Milan LD cost decision for an amount of € 77,064.65 dismissed (Article 69(4) UPCA, R.158 RoP). The fact that, following this award of costs, Oerlikon has not yet received the corresponding payment is a matter of enforcement of the Costs decision, and does not justify a request for...

Trade mark liable to mislead the public as a result of the use made of it. Trade mark corresponding to the name of a fashion designer. Assignment of the trade mark. Use of the trade mark in such a way as to make the public actually believe that the designer is still involved in the design of the goods bearing the trade...

Order for the payment of € 100.000 set aside for lack of legal basis (R. 354.4 RoP). Any order for the payment of a penalty sum due to the non-compliance of any order, requires a prior order in which the order that has not been complied with was reinforced with the possibility of a penalty payment. Such a penalty order...

Trade marks mentioning a fanciful year. Year of establishment. Luxury leather goods such as handbags. Trade marks allegedly deceiving the public as to the year of establishment of their proprietor. Conclusie AG: No ground for invalidity.

Added matter (Article 138(1)(c) EPC, Article 123(2) EPC, Article 153(4) EPC). The court may, ex officio, find that the skilled person cannot derive a corresponding disclosure from the earlier application. This finding must be determined on the basis of the skilled person's understanding when reading the earlier...

Revocation because of added matter (Article 138(1)(c) EPC). An inadmissible extension of the subject matter occurs if the subject matter of the granted claim extends beyond the content of the application as originally filed. In order to determine this, the court must first ascertain what information a person skilled in...

Consultation December 1st, 2025 - January 9th, 2026 - The Commission has launched a stakeholder consultation to support the implementation of the AI Act’s obligation for providers of general-purpose AI models to identify and comply with reservation of rights expressed by rightsholders.

The European seed and plant breeding sector is undergoing rapid technological and regulatory transformation, driven by advances in biotechnology, climate pressures, and shifting policy expectations. In this context, the European Commission commissioned this study to assess how the current intellectual property (IP)...

The court has jurisdiction to hear the case against the Korean defendant regarding Poland, Spain and the United Kingdom in accordance with Art. 71b (2), Art. 7 (2) Brussels Ia Reg.) Defendant infringes upon the patent-in-suit in Poland, Spain and the United Kingdom (Article 25 UPCA)  by shipping attacked embodiments to...

There is no relationship of rule and exception between design protection and copyright protection, such that, when assessing the originality of subject matter of applied art, it is necessary to apply stricter requirements than are laid down for other types of subject matter. 

No interlocutory revision of decision of the EPO to reject a request for unitary effect. An expedited action against a decision of the Office under Rule 97(1) RoP, falls under the exception set out in Rule 85(2) RoP. Compliance with the time limit under Rule 7(3) UPR is mandatory and excluded from re-establishment of...