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06-12-2017 » Obtaining right to priority should be your first priority

OBTAINING RIGHT TO PRIORITY SHOULD BE YOUR FIRST PRIORITY Two cases decided in 2016 and 2017 by the Board of Appeals at the European Patent Office have highlighted the importance of obtaining an explicit transfer of the right to claim priority to a national patent application prior to filing of an International (PCT) or European (EP)…

09-11-2017 » The application of the rule of exhaustion in cases of assignment of Industrial Property rights: a new concept, the unity of control?

The Court of Justice of the European Union in Centrafarm / Sterlit and Centrafarm Wintrop decisions n°15/74 and 16/74 of 31 October 1974, ruled that Articles 30 to 36 of the Treaty on the Functioning of the European Union (TFEU) prohibits an IP right owner from using his exclusive rights to prevent the free movement of goods within the…

29-09-2017 » gTLD and ccTLD ADR procedures : an efficient tool against pirates

Extra-judicial proceedings can be initiated by a trademark owner against a domain name registered fraudulently, to obtain its withdrawal or its transfer through a decision rendered by one or several panellists. Such proceedings were notably developed by the WIPO Arbitration and Mediation Centre for gTLDs, but also exist at national levels…

28-07-2017 » Can the taste of a food product be a copyright work? I Beau de Loménie

Can the taste of a food product be a copyright work? Will the Court of Justice of the European Union give its recipe? Dennis Voerman is the creator of a very successful spread named "Heks'nkaas". In 2011, he assigned to a company called Levola the copyright relating to the recipe, its method of preparation and the taste features…

20-07-2017 » Patentability of animals and plants exclusively obtained by an essentially biological process

The Regulations under the Convention on the Grant of European Patents have been amended at the level of Rules 27 and 28, which concern respectively "Patentable biotechnological inventions" and "Exceptions to patentability". Rule 28 was amended by adding the following paragraph 2: (2) Under Article 53(b), European patents shall not be…
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