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16 November 2018

The protection of your trademark in China can be obtained in two ways: either through the filing of a national trademark, or via an “international” registration (according to the Madrid system at the World Intellectual Property Organization (WIPO)). Following the ... Read more

Improvement in the assessment of the distinctive character of three-dimensional marks

16 October 2018

In 2015, the EU three-dimensional trademark registration application for a bottle, filed by the German company Wajos, particularly in relation with beverages, was refused by the EUIPO and the refusal was by the Board of Appeal for lack of distinctive ... Read more

Admissibility of blockchain evidence by a Chinese court

01 October 2018

Last June, the Hangzhou internet court accepted for the first time blockchain-based evidence in an alleged copyright infringement case on a website. On 7 September 2018, the Chinese Supreme Court officially ruled that evidence authenticated with blockchain are admissible in ... Read more

“Think different”, think evidence!

21 September 2018

  APPLE’s iconic slogan “THINK DIFFERENT” was revoked by the EUIPO for lack of genuine use. This decision follows the request for revocation initiated by Swatch arguing that the trademark THINK DIFFERENT was no longer put to genuine use for ... Read more

Can a face constitute a valid trademark?

07 September 2018

Following a filing for a trademark featuring a baby’s head for foodstuffs, Nestlé’s trademark was refused registration by the EUIPO on the grounds of lack of distinctive character with regard to the goods applied for. The Board of Appeal hearing ... Read more

Organisms obtained by mutagenesis : Decision of the Court of Justice of the European Union (25 July 2018)

20 August 2018

The Court of Justice of the European Union in its ruling of July 25, 2018 (C-528/16) took the view that organisms obtained by mutagenesis are Genetically Modified Organisms (GMOs, within the meaning of Article 2(2) of Directive 2001/18/EC). Thus, organisms ... Read more

No break for Nestlé!

10 August 2018

In the dispute between Nestlé and Mondelez concerning the shape of the “four-fingered bar”, the Court of Justice of the UE (CJUE) issued a decision on 25 July 2018 according to which the shape of the KitKat chocolate bar is ... Read more

Novartis vs Teva: an unprecedented advance payment of €13,000,000 in favour of Novartis

10 August 2018

Novartis markets (especially in France) Exforge, a drug containing two active substances: amlodipine and valsartan. Novartis is also the owner of a European patent protecting Exforge until July 2019. On October 13, 2016, Teva, holding a marketing authorization for the generic ... Read more

Canada Joined Hague Agreement

09 August 2018

On 16 July 2018, Canada joined the Hague Agreement for the international registration of industrial designs. The entry into force of this ratification on 05 November 2018  will thus allow to designate Canada in an International Design Application via the ... Read more

The Global Domain Name Market in 2017

13 July 2018

According to the 2017 AFNIC study on the global domain name market, there are about 342 million domain names, including 172 million “legacy TLDs” (.COM, .NET, .ORG, etc.), 24 million “nTLDs”, and 147 million “GeoTLDs” (so-called geographic namespaces). The .COM ... Read more

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