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Europe

New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
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  • Sponsored by Cabinet Beau de Loménie
    In France, a prior right holder cannot oppose a trade mark based on bad faith.
  • Sponsored by Sonn & Partner
    The general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods. For example, for claims in patent infringement cases, the limitation period is generally three years. This period begins from the time when knowledge of the infringement and the infringing person is obtained.
  • Sponsored by Cabinet Beau de Loménie
    Paris will welcome the summer Olympic Games in 2024. This is a huge challenge for the Organising Committee.
  • Sponsored by Sonn & Partner
    An example of an international trade mark that Austria considered for registration is Access the Inaccessible for goods and services all connected to mountaineering, climbing and work at height. This English language word mark had, among others, a designation for the UK and for Austria. In the UK, the trade mark was finally registered in spite of some difficulties. The Austrian Patent Office and the appellate court did not find it relevant that the mark was approved in the UK. Registration in a foreign country, even in a country where the relevant language is the official language spoken by the whole population, can never be binding for Austria. The reasons behind this are not only formal legal reasons (for example, territoriality), but also that the English authorities examine the trade mark from the viewpoint of English consumers while the Austrian authorities examine the same trade mark from the point of view of Austrian consumers. These perspectives might well be different since the understanding of the meaning of the foreign words might not be identical to that in a foreign country.
  • Sponsored by Cabinet Beau de Loménie
    The question of the protection of spare parts by designs has always been controversial.
  • Sponsored by Sonn & Partner
    During the time of the Austro-Hungarian Monarchy, a famous hotel existed in Vienna. Its name was Meissl & Schadn and its restaurant was very well-known for its high-end beef dishes.
European Jurisdictions