Productos de consumo - alimentos y bebidas

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Artículos Recientes

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    13/03/2024
    United Kingdom

    To milk or not to milk - Oatly wins appeal against invalidity of its ‘POST MILK GENERATION’ trade mark in the UK

    IntroductionThe High Court recently allowed an appeal by Oatly against a decision of the Intellectual Property Office ("IPO”) which had found the trade mark ‘POST MILK GENERATION’ to be invalid as it was deceptive in relation to oat based products (contrary to section 3(4) of the Trade Marks Act 1994 (the “Act”)).  The High Court overturned the IPO’s ruling and declared Oatly’s trade mark to be validly registered, ruling that the use of the term ‘milk’ in Oatly’s marketing did not amount to its products being “designated”...
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    13/03/2024
    England and Wales

    Not Frying So High: EU General Court Rejects “MYBACON” Trade Mark Appeal

    Introduction Food company Myforest Foods Co. sought to register the trade mark “MYBACON” for its plant-based food product. Both the European Union Intellectual Property Office (EUIPO) and the EUIPO’s Board of Appeal rejected its application on the grounds that  the mark is deceptive (Myforest Foods Co. v EUIPO, Case T‑107/23). Determined to press on with its appeal, Myforest brought the case before the EU General Court (GC) but it has been unsuccessful. The EU General Court agreed with the EUIPO that the mark “MYBACON” was likely to mislead the public...
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  •  
    11/03/2024
    United Kingdom

    Wasting more than food? Oven ready contributions to emissions reductions targets

    For many years at EU and UK level the contribution of waste, including food waste, to greenhouse gas (GHG) emissions has been well understood both in terms of emissions as part of the waste process but also in terms of the emissions associated with the production and transportation of the product. In the EU the implementation of the Waste Framework Directive’s hierarchy of preventing waste and encouraging reuse then recycling prior to recovery and disposal methods has been a longstanding requirement and the same obligations remain the case in the UK today. As waste separation and presentation...
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  •  
    11/03/2024
    England and Wales

    IPEC dismisses trade mark and passing off claim in lemon cider dispute (Thatchers v Aldi)

    This case illustrates some of the difficulties that brand owners face when trying to protect themselves against lookalikes, especially in the fast-moving and competitive market of alcoholic beverages. The court considered the evidence of reputation, intention, confusion and damage, and found it insufficient to establish either trade mark infringement or passing off.Evidence that the Thatcher’s product was the benchmark when creating the Aldi product was not in itself persuasive. The majority of design decisions were said to have been made orally at Aldi, making the Thatchers case hard to...
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  •  
    13/02/2024
    Hungría

    Hungary makes changes to labour law, occupational health and safety at work

    Hungary has initiated a series of legislative amendments to laws governing labour, occupation health and safety at work, some of which already entered into force on 1 January 2024. Specifically, Hungarian lawmakers passed amendments to Act I of 2012 on the Labour Code, Act IV of 1991 on the Facilitation of Employment and Unemployment Benefits, and Act XCIII of 1993 on Occupational Safety and Health and certain OSH decrees.The following article outlines the changes to labour law in Hungary brought on by these amendments.1. Amendments to Act I of 2012 on the Labour Code and Act IV of 1991 on the...
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  •  
    09/02/2024
    Ukraine

    Ukraine launches State Register of Sanctions

    On 29 January 2024, the President of Ukraine by the Decree No. 36/2024, approved the Decision of the National Security and Defence Council of Ukraine “On Approval of the Regulation on the State Register of Sanctions”. On 1 February 2024, the National Security and Defence Council of Ukraine launched the State Register of Sanctions on its website. The Register provides free public access to up-to-date and reliable information on persons and entities subject to Ukrainian sanctions.The Register is available in Ukrainian and English, and consolidates information regarding Ukrainian sanctions...
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