News & Analysis as of

Intellectual Property Protection European Union

Locke Lord LLP

Orange Is the New Black – Cancellation Decisions Confirm Distinction Between Colours and Names of Colours

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The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods in Classes 11, 16, 18 and 25. Originally published in the August 5, 2024 edition of World...more

Jones Day

Epitope Claims Live On at the European Patent Office

Jones Day on

While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | August 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

WilmerHale

Patent Protection for AI Creations - Landmark decision by the German Federal Court of Justice

WilmerHale on

These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June...more

A&O Shearman

Is there a trend towards bifurcation at the UPC?

A&O Shearman on

In an order (UPC_CFI_410/2023, ORD_35569/2024) dated 10 July 2024, the Mannheim Local Division referred a revocation counterclaim to the Central Division in Paris previously seized of a parallel stand-alone revocation action,...more

ArentFox Schiff

Don’t Give Me Five: Chanel Fails to Prevent Registration of Simb DOO’s ‘5’ Mark

ArentFox Schiff on

Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union. Chanel argued that the marks were too similar and would cause confusion among cosmetic consumers....more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

WilmerHale on

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

McDermott Will & Emery

UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | July 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU’s 14th Sanctions Package: Compliance Obligations Expand and Exits Are Facilitated

On 24 June 2024, the European Union (EU) adopted its 14th sanctions package directed against Russia, imposing an asset freeze against an additional 116 individuals and entities and expanding sectoral sanctions targeting key...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Workshop on Competition in Generative AI: Highlights

On June 28, 2024, the European Commission (EC) held a workshop on competition in virtual worlds and generative artificial intelligence (AI). The event followed the EC’s January 2024 call for contributions on the level of...more

Mayer Brown

The Legal Eye on AI: Intellectual Property and Artificial Intelligence

Mayer Brown on

As the European Union sets the stage for groundbreaking AI regulation, our podcast offers a comprehensive exploration of this landmark legislation. Join us as we dissect the EU AI Act, unpacking its key provisions and...more

Jones Day

EU Parliament Adopts SPC Reform Proposals: Clarifying the Protection Scope for Biologics

Jones Day on

On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC")...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2024

Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....more

Skadden, Arps, Slate, Meagher & Flom LLP

The EU AI Act: What Businesses Need To Know

The newly approved Artificial Intelligence Act (AI Act or the Act) aims to create a secure and trustworthy environment for the development and use of AI in the European Union....more

BCLP

Digital Speaks: Euro 2024 and Intellectual Property - What’s in Play?

BCLP on

The European Championship has kicked off, and in the first of our series of blogs with the Euro 2024 tournament as our focus, we are going to explore another side to the Euros...more

Linda Liu & Partners

On Efficiency of China’s Drug-Related Patent Term Compensation System based on “Effective protection period”

Linda Liu & Partners on

China’s state council issued State Council Degree No. 769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in...more

Mayer Brown

EU AI Act: Do I need to worry about it?

Mayer Brown on

As the European Union sets the stage for groundbreaking AI regulation, our podcast offers a comprehensive exploration of this landmark legislation. Join us as we dissect the EU AI Act, unpacking its key provisions and...more

McDermott Will & Emery

International News: Spotlight on Innovation - Issue 60

McDermott Will & Emery on

Innovation fuels business growth and ushers in success, yet it brings its own set of challenges. In our latest issue, we explore innovative products and processes including: - The EU’s new Unified Patent Court...more

Foley & Lardner LLP

Rolling With the Punches in a Networked World: CCOE Cybersecurity Panel Discussion

Foley & Lardner LLP on

Whether the game is football, baseball, hockey, or Indy Car racing, no team goes into their major championship matchup without training. Companies need to train as well if they intend to operate on the internet and expect to...more

Mintz - Intellectual Property Viewpoints

France Has Entered the Chat: Sun Patent Trust Asks French Court to Determine Global FRAND Rate for LTE-Advanced SEPs

Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that...more

StoneTurn

The Importance of Having a National Security Strategy

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The United States and an increasing number of other countries are evaluating the impact of foreign investment on their countries’ national security posture. Generally, foreign investment regulatory regimes allow regulators to...more

Orrick, Herrington & Sutcliffe LLP

Trade Mark Information Leaflet

A trade mark is a sign which can distinguish your goods and services from those of another company. Trade marks can be words or logos or a combination of the two. The sign needs to be able to be represented graphically....more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Rumberger | Kirk

Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

Rumberger | Kirk on

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or...more

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