Firm

Kwan Loh and Jamie-Lynn Kraft of Smart & Biggar review the changes made to Canadian trademark law and offer tips on how to navigate the road ahead

In the present case, the German Federal Court of Justice again had to deal with the question of how a representation of information within the meaning of Article 52(2)(d) EPC is to be distinguished from a technical feature.

The Enlarged Board of Appeal of the EPO (EBA) has recently issued opinion G 3/19, which concludes that plants and animals exclusively obtained by “essentially biological processes” are exempt from patentability. This finding only affects patents derived from patent applications filed after July 1 2017.

In an important development, Mozambique has joined the African Regional Intellectual Property Organisation’s (ARIPO) registration system for trademarks. It has been a member of the system for patents for some time.

Brazil is one of the newest members of the Madrid Protocol. It has been part of the protocol since October 2 2019. An international system was long overdue and less than 10 months in it has received 5,500+ BR designations, covering 13,300+ classes.

The customs initiated an administrative court case at the Commercial Court of St Petersburg against Foreign Brands, a Russian company that imported goods labelled with a trademark "Dr Pepper Est. 1885." This is a routine procedure for customs authorities when they suspect transportation of counterfeit goods through the border. The owner of the trademark in such cases is a third person with limited participation in the proceedings