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IP4all Weekly Bulletin
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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
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
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
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
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
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
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
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
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
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
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
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 […]
The EPO welcomes next step forward for the Unified Patent Court
Yesterday in Luxembourg, in the margins of the Competitiveness Council, seven member states (including France, Germany and the United Kingdom) signed the Protocol on the Provisional Application of the Agreement on the Unified Patent Court (UPC). A number of other states affirmed their support and expect to sign the Protocol soon. This Protocol is another milestone […]
Ukraine country guide published
The latest country guide on IPR in Ukraine complement the current batch of guides of the Observatory on infringements of intellectual property rights covering Brazil, China, the Russian federation and Turkey is now published. This time the Observatory, in cooperation with the European Commission (DG Growth), agreed to follow the style of the IPR Helpdesks’ […]
Trade marks reform: Council confirms agreement with Parliament
Trade marks reform: Council confirms agreement with Parliament On 10 June 2015, the Council’s Permanent Representatives Committee (Coreper) approved a compromise agreement on the reform of the European trade mark system. The reform of the current system will improve the conditions for businesses to innovate and to benefit from more effective trade mark protection against […]