EU

In the second of our articles focusing on brand protection on online marketplaces, Markus Rouvinen explains how the forthcoming Digital Services Act offers both opportunities and risks for brand owners seeking to protect their IP online.

A recent judgment concerning LEGO bricks has been reported in the news as confirmation of design protection for the popular children's toy. Unfortunately, many of these media reports rushed to the wrong conclusions, says Esther Schnepper. She outlines what can actually be deduced from the March 2021 judgment by the EU’s General Court.

To date, new Guidelines for Examination have been published by the European Patent Office (EPO) almost every November like premier wines. But, with 2020-2021 not a year like any other, the new guidelines were instead published in February, entering into force on 1 March. Sylvain Chaffraix sets out the changes.

The growth of e-commerce during the COVID-19 pandemic has placed the IP spotlight once again on brand protection on online marketplaces. Markus Rouvinen sets out how recent case law may offer new routes for brand owners to protect their rights on these platforms.

At the end of 2020, the UK government announced a change to the rules of representation before the UKIPO. New trademark, design and patent applications and contentious actions at the UKIPO now require a 'UK address for service' to be appointed.

Download our factsheet for an overview of registered and unregistered design rights in the UK and EU following Brexit, and our top tips for brand owners on building an effective design right strategy.

For Novagraaf's roundtable last month, we gathered IP professionals from a range of industry sectors to discuss the impact of the COVID-19 pandemic on their IP strategies and operations. Download our white paper to read the key findings from that discussion.

In many jurisdictions, such as the EU and UK, brand owners can file trademark applications without any requirements to file evidence of use of their chosen mark. That is not to say that the ability to provide proof of use is not important.

Many of the world’s best known or most life-changing inventions were discovered entirely by chance. Valérie Stephann sets out five serendipitous discoveries.

Article 53(a) of the European Patent Convention (EPC) stipulates that European patents are not to be granted for inventions where commercial use would be contrary to public order or morality. Stéphanie Landais-Patarin discusses a recent case that considered such a decision in the context of animal cruelty.

A seniority claim allows the owner of a European trademark to claim prior rights based on existing EU national registrations. While a successful claim extends EUTMs back to the date of the earlier national registration, this doesn’t necessarily mean you should allow those rights to lapse, says Vanessa Harrow.

Dairy alternative Oatly has overcome objections to its slogan, ‘It’s like milk, but made for humans’, potentially offering a new way for vegan and vegetarian brands to protect plant-based trademarks in the EU.