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- 10 February 2021 IP NEWS
THE PROTECTION GIVEN BY THE PDO EXTENDED TO THE PRODUCT’S APPEARANCE
« It looks like Morbier, as a black stripe like Morbier… But it’s not Morbier » The European regulations on the protection of Protected Designation of Origin (PDO) clearly state that third parties are not allowed to use protected denominations to refer to products that do not conform to the PDO’s specifications. However, as consumers, […]
Lire la suite - 04 February 2021 IP NEWS
COVID-19 : why the ex officio licensing requests don't really make sense!
With the issues in producing the vaccines against SARS-Cov2, requests for obtaining ex officio licences in the Public Health interest have been brought back to the foreground, with the aim of allowing everyone to produce the much-awaited vaccines. But these requests do not seem to worry about whether patents exist or not. It is interesting […]
Lire la suite - 22 January 2021 IP NEWS
Should we worry about patents on drugs/vaccines?
A year after COVID-19 began spreading worldwide, several countries launched vaccination campaigns, with the end of this unprecedented health crisis looming in the horizon. Since its beginning, many pharmaceutical labs engaged in a race against time to be the first to come up with a vaccine. Just as for drugs, patents can protect vaccines. One […]
Lire la suite - 22 December 2020
Best Wishes for 2021!
If 2021 will be the year of all hopes for our health, it will also be for the economical health of our country and of its businesses a year full of changes, resulting from all our creative and inventive minds! It is why, more than ever… We protect your future!
Lire la suite - 15 December 2020
Christian MULENET joins the Cabinet GUIU - JurisPatent team.
It is now official: we are pleased to announce that Christian MULENET will join in January the team at Cabinet GUIU – JurisPatent, as (notably) Expert in Intellectual Property strategy. He will join our Besançon office. As a graduate of the CEIPI – Centre d’Etudes Internationales de la Propriété Intellectuelle and with almost 20 years […]
Lire la suite - 09 December 2020 IP NEWS
The lack of opposition against public order and morality in patents: a recent example of a rarely discussed validity condition
When we talk about the legal conditions regarding the patentability of an invention, novelty and inventive step are systematically brought up. However, there are other conditions. For example, the commercial exploitation of an invention can not go against public order and morals; this can only result from the sole fact that this exploitation is forbidden […]
Lire la suite - 12 November 2020 IP NEWS
BREXIT’s impact on trademarks and models.
Following the recent votes of the British parliament and of the European parliament, the United Kingdom left the European Union on the 31st of January 2020. As per the agreement voted between the EU and the United Kingdom, it was the start of a transition period which will end (unless it is extended) on the […]
Lire la suite - 28 October 2020
[TEAM NEWS] Over the past few months, a lot happened at the Cabinet! Here are some of our latest news
Professional growth: Dorian GUIU, who already obtained the Professional Lawyer’s Certification a few years ago, successfully passed the “validation des acquis de l’expérience” (recognition of prior learning experience) exam and will now appear on the list of people qualified in industrial property (in trademark and designs). This will enable him to soon request his […]
Lire la suite - 14 October 2020 IP NEWS
Global Innovation Index 2020 - Our thoughts
The World Intellectual Property Organization (WIPO), the INSEAD and the University of Cornell released their “Global Innovation Index 2020”. This study helps identifying evolutions in terms of innovation, through time and space. They pinpoint that Western countries are still the most innovative, the leaders being Switzerland, Sweden and the USA. However, Asian countries […]
Lire la suite - 01 October 2020
Functional form: can it be protected by Copyright?
Thoughts on the Judgment of the Court of Justice of the European Union from June 11, 2020 (CJUE, 11 juin 2020, C-833/18, SI, Brompton Bicycle Ltd c/ Chedech/Get2Get). This case revolves around a conflict between a folding bicycle designer (SI), the company that he created for its marketing (Brompton Bicycle) and a Korean company (Get2Get) […]
Lire la suite - 23 July 2020 IP NEWS
Online marketplaces : simply « storing » products
Comments on the Court of Justice of the European Union’s decision from April 2, 2020 (http://curia.europa.eu/juris/document/document.jsf;jsessionid=97C35647F5F95E4E612B7E311A199033?text=&docid=224883&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=10513335 ) The Court of Justice confirmed that an online marketplace (such as Amazon, Le Bon Coin, eBay or Rue du Commerce, for example), which stores for a third party products counterfeiting a brand without being aware of the counterfeiting […]
Lire la suite - 09 July 2020 IP NEWS
THE GRIMBERGEN CASE : BACK TO A STRICTER UNDERSTANDING OF THE EVIN LAW REGARDING ADVERTISING ALCOHOLIC DRINKS!
Explanation of the Court of Cassation decision from the 20th of May 2020 (Civ. 1ère, 20th of May 2020, n° 19-12278) As the wine sector is deeply impacted by the consequences of the current worldwide health crisis and by the customs laws on wines exported to the USA, and as the overall alcohol consumption is […]
Lire la suite - 24 June 2020 IP NEWS
[IP NEWS-PATENTS] Protecting medications and Supplementary Protection Certificate: what to learn from the Court of Justice of the European Union! (Decision C-650/17 from the 30th of April 2020)
Even a medication, which is a simple and perfectly characterised chemical molecule, can be protected by a series of patents filed one after the other, mimicking the development of the product. Here is an example of what could happen: A first patent protecting the molecule by its function through claims, as “Product for its […]
Lire la suite - 17 June 2020 IP NEWS
[IP NEWS-STATS] France now ranking 3rd worldwide according to the US Chamber IP Index.
The US Chamber is an American professional organisation, rallying over 3 million companies. Since 2012, it publishes a yearly ranking of countries based on the level of IP protectiveness they offer. This ranking is created using 52 markers, such as the legislative corpus, the implementation of rights, and awareness actions. The IP Index also […]
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