Propiedad intelectual

Artículos Recientes

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  27.11.2023

  EU

  EU Designs Reform, One Year On: EU Parliament announce Final Form of the New EU Design Legislation

  On 7 November 2023, the EU Parliament published the final form of the updated EU Designs legislation. The new legislation, which takes form through a new Regulation and new Directive, are the Parliament’s response to the EU Commission’s proposal of 29 November 2022. If you have not read our previous Law Now which covered the initial proposals in detail, you can find it here.The new legislation is the biggest shakeup to design rights in over 20 years, and affects both Community Designs (now called EU Registered Designs under the legislation) and nationally registered designs in Member...

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  23.11.2023

  United Kingdom

  Patentability of AI inventions: High Court offers a helping hand (Emotional Perception v Comptroller)

  Is a deep learning AI system which recommends similar songs to its users patentable? Or is it a computer program ‘as such’ and therefore excluded under s.1(2)(c) Patents Act 1977? The High Court has recently provided an answer (overturning the UKIPO’s original decision): such systems are patentable. In a decision which will delight AI innovators, Justice Mann held that the invention in question did not even constitute a computer program, let alone a computer program ‘as such’. Even if the invention was a computer program, Justice Mann considered that it had a technical...

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  22.11.2023

  Europe

  Another grilling: General Court goes against HALLOUMI and strikes down appeal in GRILLOUMI opposition

  IntroductionTwo years ago, we commented on the difficulties that Cypriot cheesemakers faced when attempting to oppose the registration of a figurative mark containing the word BBQLOUMI, relying on EU collective trade mark registrations for HALLOUMI – see here. That opposition was rejected on the grounds that the ‘Halloumi’ mark had low distinctive character and was seen as being descriptive, meaning it was not sufficient to give rise to a likelihood of confusion. Notably, that ruling confirmed that EU collective marks were subject to the same basic requirements of distinctiveness...

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  21.11.2023

  Europe

  EP Case Law in Brief: Proof of common general knowledge

  It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’ (CGK). When considering the ability to challenge this assertion, section I.C. 2.8.5 of the Case Law of the Boards of Appeal provides some guidance.General principlesIt is well established in the case law (T 438/97, T 329/04, T 941/04, T 690/06, T 2132/16) that if the status of some information as CGK is challenged, the person asserting that it is CGK must provide proof, such as...

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  21.11.2023

  Singapur

  Singapore moves to regulation of collective management organizations

  This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC. On 31 October 2023, the Copyright (Collective Management Organisations) Regulations 2023 (“Regulations”) were enacted pursuant to the Copyright Act 2021 and will take effect from 1 May 2024. Aimed at regulating collective management organisations (“CMOs”), the Regulations ensure that CMOs operate with a minimum standard of transparency, accountability, efficiency and good governance under a new class licensing scheme. This scheme will be administered by...

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  09.11.2023

  Europe

  CMS Life Sciences Vital Signs, Winter 2023

  2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed of.In the UK, beginning in January 2024, the UK will roll out a new International Recognition Procedure for medicines approved in trusted jurisdictions. There are also new public procurement rules on the horizon as the Procurement Bill has been progressing through the Houses of Parliament, with the aim to make the UK’s public procurement regime more efficient and transparent.In Europe,...

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