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Google Relaxes Adword Policy in Europe

On the 4th August Google announced a relaxation of its policy on the purchasing of trade marks in its own Adwords keyword advertising system bringing its European practice much more into line with that which it applies in the United States.

The relaxation of the Google policy follows a series of recent judgements by the European Court of Justice on the use of trade marks in keyword advertising. Although the limits of what does and does not constitute trade mark infringement in such situations is still to be fully defined, and the upcoming case of Interflora, Inc vs. Marks & Spencer Plc may shed more light on this important issue, Google has obviously taken heart from the recent judgements and the courts are slowly developing some guidelines on the interaction between trade mark law and keyword advertising which can be applied for the first time across the whole of the European Union.

European Court of Justice Monsanto decision diminishes the scope of European patent rights

On 6th July 2010 the European Court of Justice (ECJ) issued its much anticipated judgement in connection with the Monsanto "Soya Bean" case that was referred to it by the Dutch courts.

Harshness of UK Law on Priority Set to Remain Following Appeal Decision

We have previously reported on the pitfalls, in various European jurisdictions, of priority claims made by companies filing patent applications relying on priority applications not filed in the companies’ own names, e.g. priority cases filed in the names of inventors. In our summary, we referred to a 2009 decision in the England and Wales High Court (Patents Court): Edwards Lifesciences AG v. Cook Biotech Incorporated ([2009] EWHC 1304 (Pat)).

In that case, Edwards sought to invalidate Cook’s European Patent (UK) 1 255 510 protecting stent valves and claiming priority from a US patent application. One article raised with regard to inventive step against the Cook patent had been published after Cook’s US priority application but before its PCT filing date.

Copad SA v Christian Dior Couture SA

We are pleased to attach a link to an article written by Lee Curtis and Rebecca Tilbury of Harrison Goddard Foote which appears in the Oxford Journal of Intellectual Property Law and Practice.

The article discusses the practical implications of the decision of the European Court of Justice in Copad SA v Christian Dior Couture SA. The decision concerns how brand owners can control the use of their brands through selective distribution channels in the European Union. The decision significantly strengthens the hand of brand owners and although of relevance to all trade mark owners, the decision is of particular importance to retailers.

http://jiplp.oxfordjournals.org/cgi/content/full/jpq062?ijkey=qIX93OmkMKZQmBT&keytype=ref

The concept that trade mark rights cannot be used to partition the single market is a key concept of European Trade Mark Law. There are obviously exceptions to this rule, most notably that a trade mark owner can object to the free movement of branded goods that it has put on the market, if the physical condition of the branded products have been altered or impaired in some way. However, a new exception has developed over time, in that the condition of a branded product not only covers the ‘physical’ condition of the products, but also the ‘image’ surrounding the product deriving directly from the brand itself. The case at hand is the latest in a line of such decisions, but introduces new concepts such as ‘the aura of luxury’ associated with high end branded products.

However, the decision has been worded in such a way that it impacts not only on luxury products, but all branded products and is of huge significance to any trade mark owner or retailer.

If you have any questions on the issues raised in the article please do not hesitate to contact Lee Curtis, Rebecca Tilbury or your usual HGF advisor.

Some owners of European rights are already caught in a ferocious invalidity trap in Europe

European practitioners await with baited breath the result of an appeal scheduled for 8th June in a case which has shaken international patent practice. Last year, the UK Patents Court in Edwards - v- Cook denied a valid priority claim in circumstances where the original priority applicants (inventors) failed to transfer their rights to the PCT applicant company before the PCT filing date. Timing of any necessary assignment remains critical and, most worryingly, failure to get the timing right on this when filing a PCT or EP application results in a currently irreparable situation. Loss of priority can lead to incurable patent invalidity in the face of relevant disclosure after the priority date, often via self-disclosure. Will the Appeal in Edwards - v - Cook move towards clarifying and alleviating to some degree what is a punishingly harsh and stringent regime for many applicants, not least US-domiciled applicants because of the USPTO first to invent provisions?

EPO Issues Long-awaited Decision on Software Applications

In 2008 the EPO president referred questions to the EPO's Enlarged Board of Appeal (EBA) relating to the patentability of computer-implemented inventions (CIIs). On 12 May 2010 the EBA rejected the opportunity to change the EPO's practice in relation to applications for CIIs. Thus, applications for CIIs having a technical character will continue to be accepted. For advice on the implications of this decision for your business, please get in touch with your usual HGF contact or Chris Benson (cbenson@hgf.com) of our Electronics Group.

To read a copy of the EPO decision, click here.

Greater Clarity regarding Google AdWords - Implications for Brand Owners and Advertisers

A recent European Court of Justice decision concerning Google AdWords and the implications this has for brand owners and advertisers.

EPO Enlarged Board of Appeal Rules on Interpretation of Surgical Methods Exclusion

The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has issued their decision (G1/07) on when a surgical method is to be excluded from patentability.

Dosing regimes and therapy-related claims in Europe: Enlarged Board of Appeal Decision

The Enlarged Board of Appeal of the EPO has issued Decision G 2/08 relating to dosing regimes.

Genuine use of CTM's - will use in only one EU state maintain validity of a CTM?

A recent decision of the Benelux Intellectual Property Office in the OMEL/ONEL case could have profound consequences for the owners of CTMs. The case has provoked significant debate which is far from resolved.

Every Little Counts! - Upcoming Changes in Official Fees at the UK-IPO

As from first October the official application fee for trade mark registrations will be reduced from £200 to £170. Not a huge reduction, but in the current climate a welcome one.

European Court Confirms the Value of Protecting Product Get-up

A recent judgment by the ECJ has confirmed the value of registering Trade Marks covering the get-up*of products. (*Get-up is known as “trade dress” in North America.)

Register your FacebookURL - Before somebody else does

On 9th June 2009, Facebook Inc., the highly popular social networking company based in the United States, publicly announced that beginning Saturday 13th June at 12:01am US EDT pre-existing Facebook account holders will be permitted to create personalised URLs to direct interested parties to their Facebook pages.

Imminent EPO Rule Changes will increase onus and burden on Applicants

Starting 1 April 2010, new Rules will be implemented by the EPO with no transitional period. The new Rules form part of the drive to substantially accelerate patent prosecution and to minimise burden on EPO Examiners.

European Patent Office Introduces Time Limits for Filing Divisional Applications

On 26 March 2009 the Administrative Council of the European Patent Office (EPO) voted to introduce a time limit to restrict the filing of divisional European patent applications. The restriction takes effect on 1 October 2010 and applicants are recommended to complete a review of their pending European patent applications before then.

Significant Reduction in CTM Official Fees

The Community Trade Mark Registry, OHIM, has announced there will be a significant reduction in CTM fees. This is subject to final approval by the EU Commission. Approval and implementation is expected in a matter of weeks.

European Patent Office rules on human embryonic stem cell case

The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has recently considered the patentability of human embryonic stem (ES) cells and in particular the scope of Rule 23d(c) EPC (Rule 28 EPC 2000) which prevents patents being granted for inventions which involve commercial or industrial use of human embryos.

Preserving IP Assets During Insolvency

Intangible intellectual property (IP) assets are often the major value component of any business, especially amongst technology-rich enterprises. IP assets include patents, trade marks, copyright, design rights, domain names, know how and trade secrets. Some estimates have suggested that 71% of the value of BP, 96% of the value of Coca Cola and 97% of the value of Kellogg resides in IP assets.

Uk - Enhanced rights for brand owners

A Company Names Tribunal has been formed. It will consider objections to the registration of company names.

Is It Full Circle For Patentability Of Computer Programs In The UK?

On 8 October 2008 the UK Court of Appeal handed down a judgment dismissing an appeal by the UK IPO against a decision of the UK High Court to allow Symbian Ltd’s patent application (GB 325145.1).

Important Changes to UK Trade Mark Rules

Important changes to the UK Trade Mark Rules 2008 are due to come into effect on 1st October 2008.

China - Taking Patents Seriously

China has recently (December 2001) acceded to the World Trade Organisation (WTO). This means that effective enforcement of Intellectual Property (IP) Rights, as required by the TRIPS Agreement (Trade Related aspects of Intellectual Property rights), is now possible.

Effect of the London Agreement in the UK

Official advice from the UK Intellectual Property Office (UKIPO) that it is not required to file English language translations in respect of French or German language European patents granted on or after 1 February 2008 has been contradicted by advice from patent counsel.

New Community Trade Mark Search Procedures

A Change in the rules covering applications for Community Trade Marks (CTMs) has meant that national searches as part of the examination process are now optional from 10 March 2008.

Recent UK Developments in the Patentability of Software

In Europe, unlike the US, computer software as such is excluded from patentability by Art. 52 of the European Patent Convention (EPC) and corresponding s. 1(2) of the UK Patents Act.

Huge increase in EPO claims fees and recommended

From 1st April 2008, the European Patent Office will change the rules for excess claims fees, with the effect that many applications will see a sharp rise in the amounts incurred.

European Patent Oppositions

The European Patent Convention (EPC) provides the framework for a central procedure allowing third parties to oppose a granted European patent and to secure its limitation or revocation.

London Agreement finally enters into force

The London Agreement will come into force on 1 May 2008 and will apply to European patents granted on or after that date. This results from France having deposited its instrument of ratification on 29 January 2008.

Implications of EPC 2000 for claiming second medical uses

Second medical indications are currently claimed in Europe by means of Swiss-type use claims or method of manufacture claims of corresponding scope.

The London Agreement

The London Agreement is an International Convention between some but not all signatories to the European Patent Convention. The London Agreement seeks to reduce the cost of registering a granted European Patent by eliminating the need for a local language translation of the specification in the signatory countries. Recent announcements have indicated that France is due to ratify the Agreement in November 2007, triggering commencement within the first half of 2008.

Divisionals at the EPO

The decision of the EPO Enlarged Board of Appeal in combined cases G1/05 and G1/06 has finally been issued. The previously established practice of the EPO in respect of divisional applications has been affirmed, bringing a welcome conclusion to a period of considerable uncertainty.

EPC2000

In the year 2000, an amended version of the European Patent Convention ("EPC") was agreed, and this became known as "EPC2000". The new law must take effect by 13 December 2007 and is expected to enter into force exactly on that date, although there is a possibility that it will take effect before this date, depending on when the final EPC contracting state adopts the treaty into its national law. The EPC2000 will apply to all European patents granted at the date the EPC 2000 takes effect and retrospectively to all European patent applications pending at the time.

Dosing regimes and therapy-related claims in Europe: Enlarged Board of Appeal Decision

The Enlarged Board of Appeal of the EPO has issued Decision G 2/08 relating to dosing regimes. The Decision states that dosing regime claims are allowable and also contains important statements relating to first medical indication claims and Swiss-type claims.