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European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

Although the number of registrations of European Patents, Community Trademarks and Community Designs more than doubled between 2003 and 2012, the high numbers of infringements of intellectual property rights (IPRs) harm this...more

The Bifurcation Blues

In the last Letter from Europe, I looked at the potential financial impact a single judge could have on the economy. As I alluded to in my conclusion, the United Patents Court (UPC), a proposed common patent court open for...more

EU Unitary Patent and Patent Court

The original proposals in the 1970's for the European Patent Convention (EPC) were intended to proceed in parallel with those for a Community Patent Convention. In the end, these were never implemented as a result of...more

Unregistered design rights – the Karen Millen case

This is a very recent decision of the CJEU in the Karen Millen case, which provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council...more

News from Abroad: Double Patenting at the EPO -- What Does "Same Subject Matter" Mean?

Although the EPC does not specifically prohibit double patenting, that is the grant of two patents to the same applicant for the same invention, it is generally accepted that two patents cannot be granted to the same...more

UK High Court confirms jurisdiction to grant cross-border declaration of non-infringement

In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more

Standards and Injunctions Under EU Competition Law

In two decisions issued in April 2014, the European Commission (the Commission) provided further clarification as regards the circumstances in which patentees can seek injunctions to protect their standard-essential patents...more

Creation of a new industrial property right in France: the "geographical indication of industrial and handicraft products"

The French law no.2014-344 on consumer protection, named "Hamon Act" (for the name of the Ministry in charge of this reform) and dated March 17, 2014, creates a new industrial property right: the "Geographical Indications...more

The European Design Regime

1. Introduction - In 1993, the Commission of the European Union issued proposals for a directive for harmonization of design laws within the member countries of the EU and for the creation of an EU-wide design regime...more

Research Reveals Growing Business Support For UPC – Crown Jewel Patents Opted In; Move To Europe For Major Patent Disputes

Research published by Allen & Overy today demonstrates surprising support for Europe’s hotly debated Unified Patent Court, with almost three-quarters (74%) of those responsible for overseeing preparations for the new system...more

International Trend Toward Strengthening Trade Secret Law

As the patent wars continue to rage, and the cost of securing and enforcing patent rights continues to rise in the United States and abroad, the role of trade secrets in securing and protecting valuable intellectual property...more

Law À La Mode: Special Edition – INTA 2014

In This Issue: - MODERNISATION OF THE TRADEMARK SYSTEM: Is Europe on the cusp of trademark law reform? - FROM RUSSIA WITH LOVE: Brand owners face unique challenges in Russia - DETAINING COUNTERFEIT GOODS: New...more

Benefits of Utility Model Protection

Some countries have a form of patent protection for inventions which do not qualify for regular patent protection. This type of patent—generally called a utility model, and sometimes known as a petty patent—has a lower...more

Sanofi-Aventis Deutschland GmbH v. Glenmark Pharmaceuticals Inc. (Fed. Cir. 2014)

On April 21, 2014, a Federal Circuit panel reiterated its interpretation and application to the chemical arts of the KSR obviousness standard. Although applicable more broadly than the chemical arts, the opinion may be of...more

Survey launched on protection and enforcement of Intellectual Property Rights outside the EU

The EU’s Observatory on Infringement of Intellectual Property Rights has launched a survey on the protection and enforcement of intellectual property rights in third countries. ...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

Two Important Bills for IP Rights Holders Adopted in France

This OnPoint covers the implications of two important recent developments for IP rights holders in France: (i) the ratification by the French parliament of the Agreement creating the Unified Patent Court (law no. 2014-199,...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

Spain launches a reform of the Intellectual Property Law. Including the so-called “Google News tax” on use of copyrighted...

The Spanish Council of Ministers has just approved a draft law for the partial reform of the Intellectual Property Law. It will be now submitted to the Spanish Parliament for discussion and final approval....more

Guide for International Counsel: Customs Enforcement of IP Rights in Europe & Germany – The New Rules

Preface - Customs authorities in the European Union may detain goods under their control which are suspected of infringing intellectual property (IP) rights. Such proceedings are governed by a new Regulation (EU) No...more

"Antitrust and Competition: Nonmerger Enforcement Activity Heats Up on Both Sides of the Atlantic"

U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Agencies Continue Aggressive Enforcement - Despite changes in leadership at the U.S. Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the Agencies) in 2013, the...more

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