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  • Aldi loses battle with M&S over festive gin

    22 February 2023

    When Aldi launched a festive gin bottle with a snow globe effect in a light up bottle few could help but draw comparison with the very similar M&S product launched a year earlier. The visual similarity and the price differential between the M&S version and the Aldi version were out of the playbook that is […]

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  • Germany completes the UPC jigsaw

    17 February 2023

    The start date for the Unified Patent Court (UPC)  is now confirmed as 1 June 2023. German ratification of the UPC Agreement occurred today on 17 February 2023. The UPC will allow companies and inventors to enforce their patents in 17 EU countries in a single court action. The court coming into operation will also complete […]

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  • IP funding launched for European SMEs

    13 February 2023

    The European Commission and the European Union Intellectual Property Office have announced a €60.1 million fund to support EU-based small and medium-sized enterprises (SMEs) in protecting their intellectual property rights. The “Ideas Powered for business SME Fund” is a grant scheme which will run from 23 January 2023 to 8 December 2023.  The fund will […]

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  • Twist and shout… about sub-ranges

    10 February 2023

    In 2019, the European Patent Office’s (EPO) Guidelines for Examination were updated to remove the “purposive selection” requirement when assessing the novelty of sub-ranges. This meant it was no longer necessary for an applicant to demonstrate that the selected sub-range was associated with a particular technical effect. This recent decision from the Board of Appeal […]

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  • The importance of commas

    7 February 2023

    In a recent decision, T 1473/19, the Board of Appeal of the European Patent Office (EPO) revoked a patent for added matter due to the lack of a single comma in the claims. Patent attorneys are often accused of pedantry when it comes to word selection and grammar. This case is a prime example of […]

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  • Is Amazon liable for trade mark infringements committed by third parties?

    9 January 2023

    ECJ, Judgment of 22.12.2022 – C-148/21, C-184/21 Louboutin’s best-known goods are luxury red-soled women’s shoes. He has registered the red colour of the outer sole as a protected trade mark in the EU, among other countries. Third-party adverts appeared on the online marketplace Amazon for shoes with red soles, which Louboutin says are being marketed […]

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