1) Absence of recordal in the French Register of trademarks or designsArticles L. 513-3 and L. 714-7 of the French Intellectual Property Code establish the principle that any transmission or modification of rights concerning a...
Nicolas Dufay will represent Cabinet Chaillot at the AIPPI Meeting in Boston from September 8 to September 11. Do not hesitate to contact him for a meeting.
Julie Desrois will represent Cabinet Chaillot at the INTA Annual Meeting in Berlin from May 17 to May 21. Do not hesitate to contact her for a meeting.
According to the London Agreement, the validation stage of the European patents the date of grant of which will be published from the 1st May, 2008 will be simplified.[more]
These measures permit to obtain, over the course of a single filing, the protection of a design in all European Union countries as well as in other countries of the Geneva Act (currently 23 countries)[more]
Toy manufacturers frequently reproduce in miniature the original models created and sold by cars manufacturers, placing a particular importance on the exact reproduction of the original models by these miniatures. This practice...[more]
A personal name is nowadays frequently used as a trademark, trade name or sign. However, it is a source of litigation, as indicated by an important case law, to which belongs the judgement Elizabeth Emanuel of 30/03/2006.[more]
This decision is about the grounds of objection of a member of a Board of Appeal. The EPC's article related to this point of law is the Art. 24 EPC[more]
The new edition of Nice Classification is in force as from January 1st, 2007[more]
Two new countries (Bulgaria and Romania) will enter in the European Union on 01/01/2007[more]
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]
Jugdment of the Court of First Instance of Paris of 12/07/2006 regarding trademarks in sponsored links of Google[more]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Two appeals relating to opposition division decisions allow to illustrate the comparison of goods as it is studied by the OHIM.[more]
Group M., nurserygardener breeder is the owner of a new plant variety certificate for a variety of strawberry-plant named "Mara des Bois".[more]
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]
The Boards of Appeal of OHIM seem to search whether the trademark constitutes the normal way to designate a product[more]
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]
How is a game protected ? Is it possible to sell a game which is "similar" to an existing game ?[more]
The Common Regulations under the Madrid Agreement and Protocol has been amended. [more]
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]
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]
12 countries are negociating for entering in the today's 15 Member State European Union. [more]
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]
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]
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]
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 "jeboycottedanone.com" and taken up on his web site...[more]
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]
Extracts of the Decision of Technical Board of Appeal 3.3.1 dated 7 November 1989 - T 73/88 - 3.3.1 [more]