guidelines for examination

EPO issues Guidelines for Examination concerning Artificial intelligence and machine learning

For the first time, the European Patent Office (EPO) has issued guidance on the patentability of artificial intelligence and machine learning technologies. The guidance will become valid on 1 November 2018. According to the Guidelines: Artificial intelligence and machine learning are based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such […]

types of mark

Notice to holders of and applicants for EU trademarks and designs

NOTICE TO HOLDERS OF AND APPLICANTS FOR EUROPEAN UNION TRADE MARKS PURSUANT TO REGULATION (EU) 2017/1001 ON THE EUROPEAN UNION TRADE MARK AND TO HOLDERS OF AND APPLICANTS FOR COMMUNITY DESIGNS PURSUANT TO REGULATION (EC) NO 6/2002 ON COMMUNITY DESIGNS The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw […]

Changes in the EUTM Law regarding certification marks

Changes in the EUTM Law regarding certification marks

Certification marks are a new kind of trade mark at EU level, although they have existed in certain national level systems in the EU for some years. The European Union certification mark is defined as a mark that is “capable of distinguishing goods or services which are certified by the proprietor of the mark in […]

Graphical representation, types of mark - legislative changes since 01.10.2017

Graphical representation, types of mark – legislative changes since 01.10.2017

The graphical representation requirement no longer applies when submitting a trade mark application as and from 1 October 2017. This means that, from that date, signs can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective. The result is a ‘what you see is […]

New changes of EU law in force from 01.10.2017

New changes of EU law in force from 01.10.2017

On 23 March 2016, Regulation (EU) 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation (the Amending Regulation) entered into force. Among other things, the Amending Regulation changed: the name of the Office to the European Union Intellectual Property Office; the name of the trade mark administered by the Office to […]

Protecting Innovation through Trade Secrets and Patents: Determinants for European Union Firms

Protecting Innovation through Trade Secrets and Patents: Determinants for European Union Firms

The EUIPO through the European Observatory on Infringements of Intellectual Property Rights has launched a report on Protecting Innovation through Trade Secrets and Patents: Determinants for European Union Firms. The report uses data from the Community Innovation Survey for 24 EU Member States to examine the economic importance of trade secrets and their relation with […]

EPO clarifies practice in the area of plant and animal patents

EPO clarifies practice in the area of plant and animal patents

From 1 July 2017, the EPO will no longer grant patents for plants and animals exclusively obtained by means of an “essentially biological process”. The press release of the EPO from 29.06.2017 states the following: On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order […]

EUTM application 014297006 Garden CREATIONS partially rejected by EUIPO due to likelihood of confusion on the part of the public

EUTM application 014297006 Garden CREATIONS partially rejected by EUIPO due to likelihood of confusion on the part of the public

The opposition against EUTM application No. 014297006 Garden CREATIONS Y filed by AGRO-BIO TRADING OOD, represented by IP Consulting, pursuant to Article 8(1)(b)EUTMR was settled as the trade mark was rejected for all the contested goods against which the opposition was filed pursuant to the final decision of the Operations Department rendered in opposition No. […]

First edition of DesignEuropa Awards

First edition of DesignEuropa Awards

OHIM recently announced the first edition of DesignEuropa Awards. The DesignEuropa Awards celebrate excellence in design and design management among Registered Community Design (RCD) holders, whether they are individual right holders, small businesses or large enterprises. This award seeks to recognise companies and designers that have brought outstanding design to the market with the protection […]

Commission takes first steps to broaden access to online content and outlines its vision to modernise EU copyright rules

Commission takes first steps to broaden access to online content and outlines its vision to modernise EU copyright rules

Last week the European Commission presented a proposal to allow Europeans to travel with their online content and an action plan to modernise EU copyright rules. At present, Europeans travelling within the EU may be cut off from online services providing films, sports broadcasts, music, e-books or games that they have paid for in their home […]

Protecting trade secrets – MEPs strike a deal with Council

Protecting trade secrets – MEPs strike a deal with Council

New rules to help businesses obtain legal redress against the theft or misuse of their trade secrets were informally agreed by Parliament and Council negotiators on Tuesday. MEPs ensured that freedom of expression and information will be protected and that the new rules will not restrict the work of journalists. “The agreement reached today with […]

Apple trademark is devoid of distinctive character according to OHIM

Apple trademark is devoid of distinctive character according to OHIM

By an international registration, filed at the US Patent and Trademark Office as the Office of Origin, designating the European Union on 31 October 2013 and received by OHIM (‘the Office’) on 5 December 2013, Apple Inc. sought to register the below figurative mark in classes 9 and 38. On 3 January 2014, the examiner […]

The Former Yugoslav Republic of Macedonia joins Designview

The Former Yugoslav Republic of Macedonia joins Designview

As of 05 October 2015, The State O ce of Industrial Property (SOIP) of The Former Yugoslav Republic of Macedonia (FYROM) has made its industrial design data available to the Designview search tool. Designview is a centralized access point to view the registered design information held by any of the participating National Offices, in a […]

Trade secrets and the European Union

Trade secrets and the European Union

A trade secret is a valuable piece of information for an enterprise that is treated as confidential and that gives that enterprise a competitive advantage. European companies are increasingly exposed to the misappropriation of trade secrets. The European Commission is working to harmonise the existing diverging national laws on the protection against the misappropriation of […]

MEPs want better protection for local products rooted in traditional know-how

MEPs want better protection for local products rooted in traditional know-how

EU-wide protection of geographical indication should be extended from agricultural products to include regionally and locally manufactured goods and handicraft products, MEPs say in a non-binding resolution adopted on Tuesday. This would support local economic development, boost tourism, strengthen consumer confidence and help preserve cultural heritage and traditional know-how. “I welcome Parliament’s broad support for […]