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unitary patent

THE UNIFIED PATENT COURT, the new court for European Patents THE OPT-OUT OPTION

Thanks to progress in its ratification, the UPCA  is approaching its entry into force in the following 17 EU Contracting Member States: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.

The Provisional Application Phase (PAP) of the UPCA has already started. Once the preparations are sufficiently completed, Germany will ratify the UPCA, which will trigger the start of the 3 to 4 month sunrise period, preceding actual entry into effect of the UPC, which will likely occur early 2023.

Solution

Missed a patent deadline? Did you know that (European) patent law provides various remedies?

Unfortunately, during patent prosecution, it may occur that a deadline to perform an action required by the patent office is missed. However, do not despair! Legal remedies are sometimes available to address this. In fact, the European Patent Convention provides no fewer than three possible remedies in case a deadline is missed. Which remedy is available depends on the specific action that was missed.

World IP Day 2022

𝐓𝐡𝐢𝐬 𝐲𝐞𝐚𝐫 𝐰𝐞 𝐚𝐫𝐞 𝐜𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐈𝐏 𝐚𝐧𝐝 𝐘𝐨𝐮𝐭𝐡: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚 𝐁𝐞𝐭𝐭𝐞𝐫 𝐅𝐮𝐭𝐮𝐫𝐞. 𝐓𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭 𝐬𝐨𝐦𝐞 𝐫𝐞𝐦𝐚𝐫𝐤𝐚𝐛𝐥𝐞 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐟𝐫𝐨𝐦 𝐲𝐨𝐮𝐧𝐠 𝐞𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫𝐬 𝐰𝐡𝐨 𝐡𝐚𝐯𝐞 𝐜𝐡𝐨𝐬𝐞𝐧 𝐆𝐄𝐕𝐄𝐑𝐒 𝐭𝐨 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐭𝐡𝐞𝐢𝐫 𝐚𝐬𝐬𝐞𝐭𝐬. 

Influencers and brand owners: handling wrongful use and the art of letting go

Our consuming society is globally shifting to social media and online marketplaces. This trend has created incredible opportunities for some, and significant losses for others. The traditional mediums for advertising, such as print, radio and television, are losing significant traction to digital spaces. Brand owners are trying to catch the wave by finding new ways to connect with the younger demographic audience. As such, the demands to enhance desirability of brands and deliver products to targeted demographics is growing rapidly and, in turn, brands are hiring the services of social media influencers.

(Non-)uniqueness of the closest prior art

In general, the method of assessing inventive step applied by the European Patent Office is based on the “problem-solution” approach. Since the entry into force of the Pact Law in France, the French National Institute of Industrial Property also examines the criterion of inventive step based on the problem-solution approach.

Cannabis – avoiding confusion with other cannabis trademarks: introduction on likelihood of confusion

The road to a registered trademark does not stop there. After the examination, your EU or Benelux trademark will be published for opposition purposes before being registered – that is, if no one successfully opposed your application for example on the basis of earlier rights. In this article, we take a look at this step in the life of a trademark application with specific reference to cannabis trademarks and goods.

Artificial Intelligence & Liability – Whodunit?

Artificial Intelligence (“AI”) is commonly associated with progress, growth and technological improvements. It has the potential of transforming businesses, but what if something goes wrong? Who will be liable if anything goes wrong with an AI system? Should the AI system itself be made liable for its output? Or should we look at the producer of the system, or even the user?
In this article we will touch upon (i) the current AI liability framework in the EU, (ii) the new proposal for an EU regulation on AI, and (iii) the importance of agreements.

Cannabis: Trademark Protection in the EU. Don’t ‘shock’ the public!

The legalization of cannabis products has been stirring the public debate for decades. With several US states adopting a more liberal approach to the green goods, especially for medical / therapeutic use, ganjapreneurs are ready to take their share of the (legal) market for cannabis and its derivatives, from oils to edibles. The same is happening on the other side of the ocean in several European Union member states.

Artificial intelligence

Artificial Intelligence (AI): Dissecting the AI Value Chain

Digital technologies continue to evolve rapidly and the use of Artificial Intelligence (“AI”) has become integrated into all kinds of applications and industries. AI is the backbone of search engines, chatbots, customized marketing, self-driving cars, smart devices, cybersecurity and many more applications. AI and data are driving companies to innovate and sometimes transform their business models.