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]
On April 4, 2001, Mr M. has registered the domain name jeboycottedanone.com 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]
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]
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]
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]
French trademark "PACANET" vs domain name "pacanet.net"[more]
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]
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]
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]
On August 21, 2000, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center brought in a decision concerning the registration of the pagesjaunes.com and pagesjaunes.net domain names[more]
On June 20, 1989, the Le Coq Sportif (i.e. the sportive cock) Company filed a figurative mark which represents a stylized cock within a triangle. This mark designates particularly clothes.On September 12, 1995, the Pathé...[more]
The facts : The English Company WIGGINS TEAPE Ltd, is titular of the word mark "CONQUEROR" as well as of the complex mark composed by the word "CONQUEROR" and by the representation of a knight, in a warlike position,...[more]
For the first time in France, a Court of First Instance has canceled a registered mark because it was anteriorized by a web site.[more]
In the infringement action proceeding, according to Article L. 716-6 of the French Trademark Law, one may ask for a "provisional prohibition against the continuation of the allegedly infringing acts, subject to a daily fine".[more]
The famous internet bookstore Amazon.com has instituted proceedings against the owner of the Amazon.gr site, which presents itself as the "Greece's Biggest Bookstore". Two lawsuits are instituted, one in the United States, the...[more]
The idea of the internet being a land-without-no-law is more and more inconsistent. Two recent decisions from the First Instance Court of Paris show that rules, such as speciality of goods and/or services, are applied to judge...[more]
AG Communication Systems Corporation v. Microsoft Corporation (Court of Appeal of Paris - 18/12/98) [more]
According to Art. L 713-4 (1) of the Intellectual Property Law, the right conferred by a mark shall not entitle an owner to prohibit its use in relation to goods which have been put on the market in the European Economic...[more]
According to Art. L 115-1 of the Consumption Law, an Origin Appellation is constituted by the denomination of a country, a district or a locality designating a product which comes therefrom and of which the quality or the...[more]
When filing a patent application in France, it is possible to request the priority date of a prior french application, for the common elements, providing that : - the two applications are filed by the same inventor ; and -...[more]
L 713-6 : Registration of a mark shall not prevent use of the same sign or a similar sign as the necessary reference to state the intended purpose of the product or service, in particular as an accessory or spare part, provided...[more]
Directive 89/104/EEC - Art. 7 [more]
The society "Parfums Van Cleef et Arpels" titular of the trademark "First" for class 3 products, sued for infringment the society "Succès de Paris", titular of the trademark "First Lady" for class 3 products. [more]
According to Article L-611-10 of the Intellectual Property Code, "Inventions which are susceptible of industrial application, which are new and which involve an inventive step shall be patentable". According to Article L-611-16,...[more]
The due date for the payment of an annual fee is the end of the month comprising the anniversary of the filing date, even if the patent or certificate of utility has not yet been granted. The first annual fee to be paid is the...[more]
Ornamental designs can be protected in France not only by the Design Law (which requires filing) but also by the Copyright Law - Literary and Artistic Property Law (not requiring any filing). [more]
Is it easy to obtain an interim injunction ? If you can show that the infringement falls within the claims, will the court automatically grant an interim injunction ? Alternatively, will the Court also investigate other issues,...[more]