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Parallel import of medicines and protection against counterfeiting – ECJ strengthens rights of trademark owners

Parallel import of medicines and protection against counterfeiting – ECJ strengthens rights of trademark owners

The ECJ recently provided more protection for trademark owners against parallel importers with three important decisions. In decisions C-147/20, C-224/20 and C-253/20, the question of the need for repackaging was raised against the background of the measures required under Directive 2011/62/EU to control the manipulation of packaging in accordance with Art. 47a of Directive 2001/83…

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Attention in case of claiming a priority of a previous application by only some of the previous applicants

Attention in case of claiming a priority of a previous application by only some of the previous applicants

The Board of Appeal of the European Patent Office (EPO) has commented on this in its decision T 844/18 (Crispr/Cas) and continues its previous line: For an effective claim of priority of an earlier application (with several applicants) by only some of the applicants of this earlier application in the form of a subsequent application,…

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Federal Patent Court considers the design of the underside of a bicycle saddle not to be protectable by a design

Federal Patent Court considers the design of the underside of a bicycle saddle not to be protectable by a design

In its decision BPatG 30 W (pat) 809/18 of February 27, 2020, the German Federal Patent Court (BPatG) ruled on the question of the visibility of a design in the form of the underside of a bicycle saddle and its intended use and deleted the design reproduced below. These were so-called components of complex products,…

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Patentability of plants and animals at the European Patent Office – the decision G 3/19 “Pepper

Patentability of plants and animals at the European Patent Office – the decision G 3/19 “Pepper

In its decision G 3/19 “Pepper” of 14 May 2020, the Enlarged Board of Appeal of the European Patent Office decided that European patents will no longer be granted on plants and animals exclusively obtained by means of an essentially biological process (such as breeding and crossing). This is a remarkable departure from its own…

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