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International Model: 1 Registration for 65 Territories

by Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg Designs, reflecting quality and commitment to innovation have become the new weapon of business competition, even becoming, at times, a means of identification in the same way as a trademark.
Published on: 20th Dec 2016

Revision of the Patent Examination Guidelines in China

by Dan SHI, Chinese Patent Attorney
The State Intellectual Property Office (SIPO) of China recently issued Decision of the Revision to “Guidelines of Patent Examination” (“the Guidelines”). The Revision to the Guidelines (“the Revision”) will take effect from 1 April 2017.
Published on: 29th March 2017

Unified Patent Court: Ratification by Italy, entry into force for the end of 2017 ?

by Sylvain THIVILLIER, Head of the Munich Office
v5570- Sylvain THIVILLIER.jpg On February 10, 2017, Italy became the 12th member state ratifying the International Agreement on a Unified Patent Court (UPC). Italy, who had initially expressed reservations regarding the project of a new European system for patents, composed of the Unitary Patent (UP) and the Unified Patent Court (UPC), now gives a strong message in ratifying the UPC agreement and we hope that this is an optimistic sign for a rapid entry into force of the UP and UPC
Published on: 14th Feb 2017

European Patents soon to be valid in Cambodia!

by Julie TOUEG, French Patent Attorney
Toueg_search.jpg Following last year’s accession to the PCT (effective as of 8th December 2016), on 23rd January 2017 Cambodia signed an agreement with the EPO to extend the validity of European patents to Cambodia, upon request of the applicant.
Published on: 6th Feb 2017

Overseas Trademark Protection Strategy

Trademarks: 1 Registration for 98 Member States and 114 Territories. From its creation, or at the latest from the start of negotiations with foreign partners, overseas Trademark protection must be considered.
Published on: 30th Dec 2016

Modifications to the Directives of the European Patent Office Practical Exam: Impact on Assignment Recordation

by Jérôme BRAQUEHAIS, Head of the Recordal Department
v2062-Jérôme BRAQUEHAIS.jpg As of 1st November 2016, the European Patent Office (EPO) Examination Directive that includes the acceptance conditions for recording an assignment underwent changes significantly altering the recordal procedure of an assignment at the EPO.
Published on: 2nd Feb 2017

Recordation of Change of Legal Name for Trademarks: Minor Change / Major Risk

by Jérôme BRAQUEHAIS, Head of the Recordal Department
v2062-Jérôme BRAQUEHAIS.jpg An 8 September 2016 ruling of the Court of Justice of the European Union (CJEU) has disrupted the French legal framework relating to recordals in the trademark register.
Published on: 2nd Feb 2017

Book: Unitary Patent and the Unified Patent Court (French only)

​The Patent system in Europe will undergo major changes with the upcoming entry into force of the agreements establishing the Unified Patent Court and the Unitary Patent. Download the outline (french only) or order the book on the link below.
Published on: 24th Jan 2017

The European Patent Office Clarifies the Standard for Partial Priority

by Jérôme COLLIN, Partner
Collin_search.jpg In case G1/15 the Enlarged Board of Appeals of the European Patent Office has just released the order of its decision as follows: “Under the EPC, entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of one or more generic expressions or otherwise (generic “OR”-claim) provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. No other substantive conditions or limitations apply in this respect.”
Published on: 1st Dec 2016

Pitfalls that US origin cases experience in the EPO

By Sylvain THIVILLIER, head of Munich Office and Christine McCARTHY, Partner, BARNES & THORNBURG LLP
v5570- Sylvain THIVILLIER.jpg Dual protection of patentable innovations in the US and Europe has long strengthened the relationship between those economic markets and affected competition therein. However, patent applicants beginning their pursuit of protection with US origin applications at the United States Patent and Trademark Office (USPTO) often face significant but often avoidable challenges in protecting their innovations in the European Patent Office (EPO).
Published on: 18th Oct 2016

Unregistered Community Designs: A Right not to Overlook During Disputes!

by Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg In addition to the protection by copyright and registered design, the appearance of an industrial or artisanal item (product) can be protected by an unregistered Community design (UCD). This protection system, often forgotten in the past, is beginning to claim its place in disputes relating to the appearance of product, particularly in the fashion field where many products have relatively short life cycles, meaning that filing a protection request may sometimes be too costly.
Published on: 26th Aug 2016

Modification of the Terms for Refunding the Examination Fee of a European Patent Application

by Julie TOUEG, IP Attorney
TOUEG.jpg A decision of the Administrative Council of the European Patent Organisation relating to the refund of the examination fee, of 29 June 2016, amends Article 11 of the Rules Relating to Fees (RRF).
Published on: 26th Aug 2016

Advances in the Protection of Trade Secrets

By Isabelle PINAUD, French & European Trademark and Design Attorney
Pinaud_search.jpg On 8 June 2016 the European Union adopted Directive 2016/943 on "the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure".
Published on: 28th Jul 2016

Press room

A clear demarcation of protection between copyright vs unregistered community designs (ucd), and infringement actions vs unfair competition and parasitism actions

Publication of the article “A clear demarcation of protection between copyright versus unregistered community designs (ucd), and infringement actions versus unfair competition and parasitism actions” by Evelyne ROUX, Partner, in the February 2017 ECTA Bulletin.
Published on: 6th Jun 2017