France

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

Bulgaria ratifies the Protocol on Provisional Application of the UPC Agreement but delays still in store for the UPC

On 24 July Bulgaria ratified the Protocol on Provisional Application of the UPC Agreement (Protocol). Four more ratifications/declarations are needed, including Germany, for the Protocol to come into effect and allow the practical workings of the Unified Patent Court (UPC) to … Continue reading

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

THE TASTE OF FOODS CANNOT BE PROTECTED BY COPYRIGHT, SAYS THE AG

On 25 July 2018, Advocate General Wathelet issued his opinion in an interesting case pending before the Court of Justice of the EU (CJEU) (C-310/17) concerning copyright over the taste of a food product. The AG took the view that … Continue reading

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

CJEU SETS OUT TEST ON THE INTERPRETATION OF ARTICLE 3(a) SPC REGULATION

The Court of Justice of the European Union (CJEU) has today delivered its decision on the interpretation of Article 3(a) SPC Regulation in Case C-121/17 Teva v Gilead. The CJEU has said that in the case of an SPC for … Continue reading

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

PATENT AND PHARMA UPDATE – July 2018

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector English courts begin to consider the new Doctrine of Equivalents as applied by the Supreme Court in Actavis v Lilly, and continue to accept … Continue reading

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

Changes to the SPC regime? The EU Commission proposal

The European Commission issued a proposal on 28 May 2018 to change the rules around Supplementary Protection Certificates (Regulation (EC) 469/2009), which if approved will substantially impact patent rights in the pharmaceutical sector. Before being launched on a European market, … Continue reading

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

ADVOCATE GENERAL PROVIDES OPINION ON THE INTERPRETATION OF ARTICLE 3(A) SPC REGULATION

Advocate General Wathelet (the “AG”) has provided his opinion to the Court of Justice of the European Union (the “CJEU”) on the interpretation of Article 3(a) SPC Regulation (Case C-121/17 Teva v Gilead). In doing so, the AG rejected the … Continue reading

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

Advocate General opinion sets the bar high for establishing infringement of the registered geographical indication ‘Scotch Whisky’ by the use of ‘Glen’

Certain geographical indications (“GIs“) are protected by EU Regulation 110/2008/EC, which aims to ensure that use of such indications is to identify a spirit drink as originating within a certain territory where a given characteristic is attributable to its geographical … Continue reading

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