New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable.
According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form
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Rejection of the trademark registration “Insomnia Energy” following the application for a declaration of invalidity filed by Monster Energy Co.
By Garrigues
Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co.
The conflict arose in December 2020 when Monster Energy Co.…
The invalidity of the trademark “Pierre Cadault”: bad faith in the registration of trademarks
By Garrigues
Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith.
Cancellation decision No. C 64 100 by…
Careful drafting of a license agreement is essential for ensuring a successful and mutually beneficial licensing partnership
By Garrigues
Licensing allows companies to enter new markets, reduce production and distribution costs, and strengthen consumer loyalty. However, the success of any licensing strategy hinges on a well-negotiated agreement that includes legal safeguards, clear responsibilities and protections against misuse of the trademark.
In the dynamic world of intellectual property (IP), trademark licensing has emerged as a…
Cut! There’s a trademark there II: How to avoid surreptitious advertising or illicit product placement
By Garrigues
In order for a product to feature lawfully in audiovisual media, the placement must not affect the editorial freedom of the service provider, must not directly encourage the purchase and must be correctly identified.
Several years ago, we wrote about the major headaches faced by creative teams in the film industry when using third-party trademarks…
Peru sets a limit of five years on rights in a well-known trademark
By Garrigues
For the first time, Peru has established a time restraint on the continuing recognition of a well-known trademark. The Indecopi has determined that the term within which a titleholder may invoke the rights inherent in that reputation is five years from the date of its recognition by the competent authority. When this period has elapsed,…
Are commercial uses of works of art in the public domain legal?: a look at the Italian case
By Garrigues
Original works of art are protected by copyright until they come into the public domain. But this does not mean they can then be used without any restrictions. Here we look at a few Italian court rulings on this subject.
Art is present in every facet of our lives. It is no longer confined to…
Striking a balance between transparency and intellectual property rights in the Artificial Intelligence Regulation is not an easy task
By Garrigues
Although intellectual property is not the main objective of the Artificial Intelligence Regulation…
FRAND licensing: the conciliation procedure proposed by the European Parliament in connection with SEP patents
By Garrigues
Conflicts between holders of standard essential patents (SEP) and the companies that use those standards are on the increase, at considerable economic cost. If approved, the SEP Regulation could save holders and users both time and money.
Disputes between proprietors of patents that incorporate standardized SEP technology (such as 4G, 5G, Wi-Fi, HEVC or AVC)…
The memory of Pablo Escobar casts a shadow over Europe: EU trademarks as a reflection of moral principles.
By Garrigues
A recent judgment of the General Court of the European Union sheds light on the interpretation and application of the concepts of public policy and morality resulting from a trademark application for “Pablo Escobar”
In the annals of criminal history few names are as conspicuous and compelling as that of Pablo Escobar, the infamous Colombian…