France

Misleading brand name ‘Glen Buchenbach’ infringes the registered geographical indication ‘Scotch Whisky’

In a decision that extends the law of geographical indications into the territory of the UK tort of passing off, the District Court of Hamburg (the ‘Court’) has prohibited the use of ‘Glen’ in the name of a whisky that did … Continue reading

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Filed under Consumer, EU, France, Italy, Trade marks, Passing off, Geographical indications, PDOs, UK

Political agreement reached on controversial EU Digital Copyright Directive: A fair and balanced result?

Following a turbulent course of lengthy negotiations and delays, political agreement was finally reached by the European Commission, European Parliament and the Council of the EU on the revised proposal of the EU Copyright Directive (the “Directive“) earlier this month. … Continue reading

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Filed under Consumer, Copyright (and related rights), Designs and Databases, EU, France, Innovation, AI, AR and VR, IP licensing and transactions, Italy, Media and Advertising, UK

Herbert Smith Freehills’ global Trade Marks Practice lauded a ‘formidable force’ in WTR 1000 rankings

Herbert Smith Freehills has been lauded a ‘class act’, after it was ranked highly in the 2019 edition of World Trademark Review (WTR) 1000. Now in its ninth year, the WTR 1000 highlights firms and individuals that are deemed outstanding … Continue reading

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Filed under Agribio, Consumer, EU, France, Innovation, AI, AR and VR, IP licensing and transactions, Italy, Media and Advertising, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

JAPAN-EU FREE TRADE AGREEMENT NOW IN FORCE

The Japan-EU Economic Partnership Agreement, the largest free-trade agreement between Japan and the EU (aka Japan-EU Free Trade Agreement or JEFTA) entered into force on 1 February. JEFTA eliminates most custom duties and trade barriers between Japan and the EU … Continue reading

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Filed under Confidential information and trade secrets, Consumer, Copyright (and related rights), Designs and Databases, EU, France, IP licensing and transactions, Italy, Trade marks, Passing off, Geographical indications, PDOs, UK

Preparations for the UPC continue despite an “unpredictable environment”

The UPC Preparatory Committee has issued a “Status of the Unified Patent Court Project” statement and review of 2018, confirming that there are now 16 states which have ratified the UPC, and that German ratification is still awaited (dependent on the … Continue reading

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Filed under EU, France, Italy, Patents and SPCs, Pharma, UK

Advocate General proposes literal interpretation of Article 3(d) SPC Regulation in Abraxis (C-443/17)

The Advocate General of the CJEU proposed a narrow interpretation of Article    3(d) in the Opinion given yesterday in Abraxis Bioscience LLC v Comptroller General of Patents 13 December 2018, one that would marginalise the effect of the CJEU’s decision in … Continue reading

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Filed under EU, France, Italy, Patents and SPCs, Pharma, UK

French court upholds validity of MSD’s SPC protecting ezetimibe and simvastatin in combination

A French Court has upheld the validity of a Supplementary Protection Certificate (“SPC“) protecting the ezetimibe+simvastatin combination under Article 3(a) of the SPC Regulation. Merck Sharp & Dohme (“MSD“) is the owner of a basic patent covering the compound ezetimibe. … Continue reading

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Filed under EU, France, Patents and SPCs, Pharma

France adopts a confidentiality regime for the trade secrets relied upon in (patent) litigation

As part of the French Law on the Protection of Trade Secrets dated 31 July 2018, French lawmakers have finally adopted a long-awaited array of confidentiality rules covering the trade secrets that are being relied upon in cases that come … Continue reading

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Filed under Confidential information and trade secrets, France, Patents and SPCs, Pharma

Brexit “no deal” technical notices published on Patents, Trade marks, Designs, Copyright, GIs, and Exhaustion of rights

The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The … Continue reading

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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, France, Italy, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

EU Digital Copyright Directive – European Parliament adopts amended text

In the second reading of the Digital Copyright Directive by the European Parliament on 12 September 2018, the controversial Articles 11 and 13 were adopted but with amendments. These articles provide for: a specific right of digital reproduction for the press in relation to … Continue reading

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Filed under Copyright (and related rights), Designs and Databases, EU, France, Italy, Media and Advertising, UK