EU enlargement

Two new countries (Bulgaria and Romania) will enter in the European Union on 01/01/2007[more]

Category: MEM


Right to file a divisional EP patent application, suspensive effect of the appeal J28/03

The Board pointed out that the term "suspensive effect" does not mean the immediate cancellation of the objected decision. The suspensive effect means that the consequences resulting from an objected decision do not occur...[more]

Category: BEP


Use of trademarks in the advertising links of the search engines

Jugdment of the Court of First Instance of Paris of 12/07/2006 regarding trademarks in sponsored links of Google[more]

Category: MFR


EPC will enter into force on 13/12/2007 at the latest

Under Article 8(1) of the Revision Act, the revised European Patent Convention will enter into force two years after the fifteenth state has deposited its instrument of ratification or accession[more]

Category: BEP


Decision G01/04 - Diagnostic methods under Article 52(4) EPC

On 29 December 2003, the President of the EPO, requested to the Enlarged Board of Appeal : to clarify the meaning of the wording "diagnostic methods practised on the human or animal body" within the meaning of Article 52(4) EPC.[more]

Category: BEP


Olfactory trademarks :Judgement of The Court of First Instance of the EC - T 305/04

On 27/10/2005, the Court of First Instance of the European Communities gave a judgement T-305/04 regarding olfactory trademarks and their representation.[more]

Category: MEM


Decision G02/04 - Transfer of opposition

On 25/05/2005, the Enlarged Board of Appeal of the EPO has rendered a decision G 2/04 on the possibility of transferring an opposition from an opponent to another party.[more]

Category: BEP


European patent and priority claiming from a patent application in a state not member of the Paris Convention (G 2/02)

On April 26, 2004, the EPO Enlarged Board of Appeal gave its decision regarding claiming the priority from a first filing in a state which is not a member of the Paris Convention but a member of the WTO/TRIPS Agreement.[more]

Category: BEP


Allowability of Disclaimers in patent - Decision G 1/03

On April 8, 2004, the Enlarged Board of Appeal of the European Patent Office disclosed two decisions G 1/03 - G 2/03 relative to the allowability of disclaimers (negative feature) during a patent examination or opposition.[more]

Category: BEP


European patent problem-solution approach in the decision T 641/00

In a decision G 1/03 - G 2/03 dated September 26, 2002, a Board of Appeal of the EPO has underlined the compulsory technical aspect of an invention, not only in the object of the patent, but in the appreciation of obviousness.[more]

Category: BEP


Small-scale model car : infringement

The Court of Justice underlines that the reproduction under the form of a miniature constitutes an infringement, this cannot be acceptably denied without any extentive interpretation of the text[more]

Category: MEM


Filing a color per se as a trademark : Judgment C-104/01 of the CJEC

On 6 May 2003, the Court of Justice of the European Communities (CJEC) gives a Judgment (C-104/01) on the validity of a mark composed by a color per se.[more]

Category: MEM


Decision G01/02 of the EPO Enlarged Board of Appeal

On 22 January 2003, the EPO Enlarged Board of Appeal disclosed a decision G 1/02 relative to the competence and the nature of the “decisions” of the formalities officers [more]

Category: BEP


Chio pita / Chipitta : no likelihood of confusion according to the Second Board of Appeal of the OHIM

In the case R 1022/2000-2, the Second Board of Appeal of the OHIM rejected the opposition against the application for a complex trademark Chipitta [more]

Category: MEM


Infringement of a French design : application of the new law

The Ordonnance n° 2001-670 of July 25, 2001, in force on July 30, 2001, modified the criterias allowing the appreciation of the validity of a French design and the infringement thereof.[more]

Category: DFR


Similarity of goods and services designated by Community Trademarks

Two appeals relating to opposition division decisions allow to illustrate the comparison of goods as it is studied by the OHIM.[more]

Category: MEM


Infringement of a plant variety : the strawberry-plant : "Mara des Bois"

Group M., nurserygardener breeder is the owner of a new plant variety certificate for a variety of strawberry-plant named "Mara des Bois".[more]

Category: BFR


Infringement : the customs measure

One of the means proposed by the French Law against the infringement of a design or a trademark is that the customs administration may suspend:[more]

Category: BFR, MEM, MFR, DFR, DEM


Descriptiveness of Community Trademarks since the Baby-dry case-law

The Boards of Appeal of OHIM seem to search whether the trademark constitutes the normal way to designate a product[more]

Category: MEM


Use of a trade mark with descriptive purposes : Judgment C-2/00 of the ECJ

The Court of Justice of the European Community delivered a judgment C-2/00 relative the use of a trade mark with descriptive purposes in the course of trade.[more]

Category: MEM, MFR


Infringement of a game

How is a game protected ? Is it possible to sell a game which is "similar" to an existing game ?[more]

Category: MFR, DFR


Amendments relating to International Trademark Registration

The Common Regulations under the Madrid Agreement and Protocol has been amended. [more]

Category: MFR, MEM


The unregistered Community Design gets in force on March 6, 2002

The Council Regulation No 6/2002 of December 12, 2001 on Community designs has been published in the Official Journal of January 5, 2002, therefore it will get in force on March 6, 2002.[more]

Category: DEM


Amendments relating to the refund of the fees for European and Euro-PCT patent applications

By two decisions of the Administrative Council of 18 October 2001 and 13 December 2001, the European Patent Office (EPO) has modified the rules relating to fees.[more]

Category: BEP


EU Enlargement

12 countries are negociating for entering in the today's 15 Member State European Union. [more]

Category: MEM


New French Intellectual Property Law

By Ordinance No. 2001-670 of July 25, 2001, the French Intellectual Property Law has been modified within its Books V (Designs), VII (Trade Marks) and VIII (Application to French Polynesia, Wallis and Futuna islands, French...[more]

Category: MFR, DFR


Descriptive character of a CTM: Baby-dry and 3D tablets cases

The European Court of First Instance and the European Court of Justice have delivered important judgments concerning the distinctive character of Community trademarks : "Baby-dry" and "3D tablets" cases.[more]

Category: MEM


Decision G1/99 of the EPO Enlarged Board of Appeal relating to the "Reformatio in peius"

Definition of the prohibition of "reformatio in peius" : it is where the rules of court procedure governing appeals prevent a court of appeal from going beyond the requests of the appealing party and putting it in a worse...[more]

Category: BEP


Case "": judgement on the merits

In our June 2001 news, we had taken up the facts and injunction orders in chambers in the case opposing the Company GROUPE DANONE to Mr M., who has registered the domain name "" and taken up on his web site...[more]

Category: MFR


Priority right : Opinion G 2/98 of the Enlarged Board of Appeal of the EPO

According to Article 87 EPC, the priority date of a first application may be claimed when the second application is for the "same invention" than the first one.[more]

Category: BEP


T 73/88 : Decision of Technical Board of Appeal 3.3.1 dated 7 November 1989

Extracts of the Decision of Technical Board of Appeal 3.3.1 dated 7 November 1989 - T 73/88 - 3.3.1 [more]

Category: BEP

26.06.2001 : trademark infringement ?

On April 4, 2001, Mr M. has registered the domain name and opened a website with a view to expose the social policy of the Danone Organization and its decision to close down plants and to make dismissals of...[more]

Category: MFR


PCT : Lack-of-unity objection

On April 7, 2000, the Technical Board of Appeal 3.3.2 has delivered a decision relating to the lack-of-unity objection raised "a posteriori" during international preliminary examination[more]

Category: BEP


Decisions G 2/99 and G 3/98 of the Enlarged Board of Appeal of EPO : Non-prejudicial disclosures

Two Boards of Appeal of EPO have referred similar points of law to the Enlarged Board of Appeal in order to obtain a decision related to the interpretation of Article 55(1) EPC : "Non-prejudicial disclosures".[more]

Category: BEP


Opposition to an Application for a Community Trademark

The decisions of the Opposition Division as well as the ones of the Board of Appeal of the OHIM ("the Office") concerning the oppositions allow to see the Office doctrine taking shape accurately.[more]

Category: MEM

26.02.2001 and : Importance and difficulty about transferring a domain name

French trademark "PACANET" vs domain name ""[more]

Category: MFR


Online filing of European patent applications

Since December 8, 2000, it is now possible to file a European patent application online, on the web site of the European Patent Office (EPO), through a securised access.[more]

Category: BEP


The signs excluded by Article 6 ter of the Paris Convention (emblems,...)

Before filing an application for the registration of a trademark, it is highly recommended to conduct a search for anteriorities among the trademarks which are already filed. [more]

Category: MFR, MEM


Infringement of a Legal Data Base

Since 1991, the publishing house P has been publishing a dictionary of Legal Texts (presentation and synthesis of about 400 legal texts in form of cards. [more]

Category: DFR

26.10.2000 is not a cybersquatting case

On August 21, 2000, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center brought in a decision concerning the registration of the and domain names[more]

Category: MFR

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