Europe

Kerstin Wolff of Maiwald reports on a proposal that supports the use of some plants generated by new genomic techniques but opposes patents for all plants obtained by such means

A case concerning a payment made after the nine-month opposition period because of a problem with the EPO’s online filing software offers a useful checklist, says Edward Farrington of Inspicos

Selin Sinem Erciyas and Beste Turan of Gün and Partners explain why the World Trade Organization's response to the EU’s claims regarding Chinese preliminary injunction decisions will have a far-reaching impact

Constantinos Kilimiris of Patrinos & Kilimiris draws on recent case law in noting that an applicant’s timely action fulfils the urgency requirement for the granting of a preliminary injunction

While concrete definitions are still lacking, Peter Koefoed of Inspicos says patent applicants seeking protection for second medical uses of products could now find it easier to build their case

Maria Kilimiris of Patrinos & Kilimiris commends the approach taken by the Administrative Trademarks Commission in assessing the similarity of marks involving figurative elements and words

Eva Ehlich and Anja Fux of Maiwald summarise an EPO board ruling relating to substances and compositions in the context of medical use claims and how it could affect applicants’ portfolio strategies

Barış Kalaycı and Begüm Soydan Sayılkan of Gün and Partners explain why trademark infringers have flocked to a popular part of the Turkish coast, and suggest what should be done in response

Szonja Szenczi-Molnár of Inspicos explains why patent applicants should clearly explain the alternatives and possible combinations concerning claims when drafting description text, in light of a ruling on the allowability of amendments

Jennifer Jones of Bird & Bird explains that there is now a rebuttable presumption of a valid priority right after a ruling by the EPO’s Enlarged Board of Appeal

Evangelia Sioumala of Patrinos & Kilimiris suggests some of the reasoning applied in a decision by the Greek Trademarks Administrative Committee is not in line with settled EU case law

Selin Sinem Erciyas, Zeynep Çağla Üstün, and Beste Turan of Gün and Partners explain a decision by the Turkish Civil Court for Intellectual and Industrial Property Rights that set an important precedent for the protection of pharmaceutical patent holders’ rights

Jakob Pade Frederiksen of Inspicos summarises revisions to the Rules of Procedure of the Boards of Appeal on the cut-off point for appeal case amendments, the issuance of preliminary opinions, and the announcement of decisions

While some observers are of the view that an Enlarged Board of Appeal ruling failed to provide sufficient clarity, Eva Ehlich and Anja Fux of Maiwald say the picture concerning post-published evidence is becoming clearer

Evangelia Sioumala of Patrinos & Kilimiris reports on the rejection of a trademark application on absolute grounds because it was considered to contain a word of high symbolic importance

Susanna Heurung of Maiwald welcomes a decision by the Board of Appeal regarding the extension of a grace period for use where the applicant’s bad faith was obvious

Selin Sinem Erciyas, Zeynep Çağla Üstün, and Aysu Eryaşar of Gün + Partners report on a decision that could help prevent the filing of malicious and tactical invalidation actions in Turkey

Mutlu Yıldırım Köse, Baran Güney, and Su Yücel of Gün + Partners analyse recent court decisions in Turkey aimed at tackling the complex legal relationship between trade names and trademark infringement

Manolis Metaxakis of Patrinos & Kilimiris says the Law on Trademarks now in force is a radical and healthy development, but uncertainty remains for trademark owners and legal practitioners regarding transitional issues

Edward Farrington of Inspicos suggests what measures can be taken to ensure the requirements of patent application assignments are fulfilled after a ‘text string’ signature was declared invalid

Sally Shorthose of London Bird & Bird says the UK will again be able to benefit from EU collaboration and funding after resuming its association with Horizon Europe, but there are challenges to face

In concluding a two-part series on springboard injunctions, Marco Stief of Maiwald takes a deeper dive to explain their requirements, review case law, and examine their relevance in the pharmaceutical and life sciences sectors

In the first of two articles on the springboard doctrine, Marco Stief of Maiwald explains how the protective effect of a patent can continue to have an impact after the term of protection has ended

South Africa has recognised AI as a potential inventor. Selin Sinem Erciyas and Zeynep Çağla Üstün of Gün + Partners consider how other jurisdictions have approached patent applications for two inventions by the DABUS system