Europe
European lawyers tell Managing IP how the legal market is reacting to the first few months of the UPC and why cases are set to take off
Lord Justice Colin Birss used ChatGPT to help him write a judgment, a development that has generated plenty of debate but which is perhaps inevitable
The decision marks the first time the Unified Patent Court has issued a preliminary injunction after an oral hearing involving both sides in a dispute
The England and Wales High Court has stayed an injunction that was granted in favour of Nokia last week, pending the outcome of Oppo’s appeal
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Sponsored by Patrinos & KilimirisEvangelia Sioumala of Patrinos & Kilimiris considers the morals of the story as the Greek examiner takes a conservative stance regarding a trademark application involving the f-word
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Sponsored by Bird & BirdConstantin Eikel of Bird & Bird previews major new EU legislation which will transform how companies market their ‘environmentally friendly’ products, and outlines proactive steps to prepare for the new provisions
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Sponsored by InspicosEdward Farrington of Inspicos reports that guidance is being sought from the EPO Enlarged Board of Appeal three decades after a decision on the analysis of complex products
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Sponsored by Bird & BirdMichael Finn and Denis Halton of Bird & Bird consider recent Irish case law regarding preliminary injunctions and find that the balance of power has shifted from generic entrants to patentees
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Sponsored by Gün and PartnersGüldeniz Doğan Alkan and Ayşenur Çıtak Bozdağ of Gün + Partners explain the significance of a decision regarding a popular Star Trek hand gesture in response to an opposition filed by CBS
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Sponsored by Patrinos & KilimirisConstantinos Kilimiris of Patrinos & Kilimiris reports on a case that brings renewed clarity to the issue of whether an estimate of damages must be provided by a patent holder applying for a preliminary injunction
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Sponsored by MaiwaldGisela Grabow of Maiwald considers the potential changes to the EU’s general pharmaceutical legislation under a recent proposal, and the main questions raised for stakeholders
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Sponsored by InspicosJakob Pade Frederiksen of Inspicos says that clarification from the EPO Enlarged Board of Appeal may be necessary after a series of rulings concerning the format of oral proceedings in appeals
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Sponsored by Bird & BirdRobert Milligan of Bird & Bird explains the opportunities and challenges presented by generative AI for brand creators and owners, and suggests how to mitigate the risks
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Sponsored by Gün and PartnersSelin Sinem Erciyas and Aysu Eryaşar of Gün + Partners explain why publication of a Turkish translation of an application is essential in ensuring protection for patent owners and claiming compensation for damages
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Sponsored by Patrinos & KilimirisConstantinos Kilimiris of Patrinos & Kilimiris calls for clarity on how to apply the SPC Regulation with regard to combination products after a Greek case appeared to overturn national case law on the matter
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Sponsored by InspicosJakob Pade Frederiksen of Inspicos explains a ruling on the acceptance of evidence that is made public after the filing of an application to prove a technical effect
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Sponsored by MaiwaldChristian Meyer of Maiwald explains several clarifications under a ruling by the German Federal Court of Justice concerning the cessation of the danger of a repeated infringement
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Sponsored by Bird & BirdEarly predictions that most European patent holders would opt out of the jurisdiction of the Unified Patent Court have proved wide of the mark, report Henri Kaikkonen and Wouter Pors of Bird & Bird
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Sponsored by Gün and PartnersZeynep Seda Alhas, Pınar Arıkan and Baran Güney of Gün + Partners identify several shortcomings with the new provisions regarding domain name disputes in Turkey
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Sponsored by Bird & BirdInformation is power in the world of FRAND licensing. Richard Vary of Bird & Bird explains how the disclosure of confidential information and trade secrets are handled in the UK
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Sponsored by Gün and PartnersThe new system raises several questions for European Patent Convention countries that are not EU members, say Selin Sinem Erciyas, Aysel Korkmaz Yatkın, Zeynep Çağla Üstün and Aysu Eryaşar of Gün + Partners
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Sponsored by MaiwaldBo-Hyun Lee of Maiwald considers how the Unified Patent Court will affect the successful German model of having patent attorneys and attorneys-at-law work together to handle the technical aspects of infringement proceedings
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Sponsored by InspicosThe European patent system will undergo wholesale reform in June 2023. Jakob Pade Frederiksen of Inspicos explains what the changes mean for proprietors and applicants
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Sponsored by MaiwaldMarco Stief of Maiwald reports on a ruling by the CJEU that significantly extends the liability of online platforms for third-party trademark infringement and explains what it means for online marketplaces and trademark owners
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Sponsored by Bird & BirdCharlotte Colthurst of Bird & Bird explains why the territorial aspect of trademark rights ownership creates complications in infringement cases where there are multi-jurisdictional sales involved
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Sponsored by Gün and PartnersGüldeniz Doğan Alkan and Cansu Evren of Gün + Partners say that a recent ruling raises the question of how many trademarks should be imitated for an act of bad faith to be recognised
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Sponsored by ZaccoIn the first article of a four-part series, IP experts from across Zacco explore some of the issues that are frequently raised by companies, beginning with addressing some of the complexities of entering the European market from abroad and explaining what approaches could be taken
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Sponsored by MaiwaldA shift is required in the finance and banking sectors’ approach to the use of intangible capital assets as collateral, says Marco Stief of Maiwald
European Jurisdictions