EU

Disclosing an invention before filing a patent, whether by accident or design, may lead to any subsequent patent application being rejected. Adrien Metivet sets out the dangers and consequences of uncontrolled invention disclosure. 

For supplementary protection certificates (SPCs) to be filed in the EU, they must be based on a basic patent. Lise Luciani discusses this condition in the context of a recent French ruling.

EUIPO's cancellation of the MINISO trademark based on a copyright registration underlines that a trademark registration can be cancelled for infringing other IP rights, not simply registered trademarks, says Valerie Annan.

The proposed EU design reform package seeks to rejuvenate, harmonise and modernise a system that was originally implemented 20 years ago. Anne-Catherine Schihin sets out its main objectives, including the green goals of the new repair clause.

Component parts of complex objects that are not visible during ‘normal use’ of the object do not enjoy design protection in Europe. But what constitutes a component part of a complex object? Volha Parfenchyk shares a recent ruling by the EU General Court that provides some clarification.   

Just because a patent has been granted does not mean it cannot be disputed. Vincent Robert explains the procedure for patent oppositions in the EU, including when and how it can be used.

In affirming the EUIPO’s decision to refuse the registration of a figurative mark for confectionery containers, the EU General Court has confirmed that the principles developed in the context of 3D trademarks are also applicable to 2D trademarks.

The Boards of Appeal of the European Patent Office (EPO) recently ruled in a case concerning sufficient disclosure for a patent application related to wind turbines. Robert Balsters examines the decision and what it means for mechanical patents. 

After much dispute, discussion and delay, the Unified Patent Court launch officially took place this morning at 9 am CET (1 June 2023). Organisations can now benefit from a new unitary patent (UP) right and access the new Europe-wide patent court system (UPC).

In disputes over pharmaceutical trademarks, the courts take a precautionary approach to exclude any risk of confusion between two medicines marketed under similar brand names. However, this restrictive approach has been qualified by EU case law, as Florence Chapin explains.

Parallel imports, also known as ‘exhaustion of trademark rights’ or the ‘first sale doctrine’, is a well-known limitation to the rights of trademark owners. Volha Parfenchyk discusses the practice in the context of two recent EU rulings on the branding of generic medicinal products.