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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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WHY IS THE WORD MARK THE MOST POPULAR FORM OF TRADEMARK?

WHY IS THE WORD MARK THE MOST POPULAR FORM OF TRADEMARK?

The Oxford Dictionary of Marketing defines brand as “A combination of attributes that gives a company, organization, product, service concept, or even individual, a distinctive identity and value relative to its competitor…” Simply put, businesses invest a lot of time, effort and money into building goodwill in the marketplace based on the reputation and recognition…

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Protection of geographical indications at European level now in the hands of the EUIPO

Protection of geographical indications at European level now in the hands of the EUIPO

On April 13, 2022, the European Commission presented the first-ever EU framework to protect the intellectual property rights associated with unique European handicraft and agri-food products (European Commission – Press release of 31 March 2022). The new system will allow for easy and cost-effective registration of geographical indications by introducing a two-step registration process. This…

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Chile and Cap Verde join the Madrid System

Chile and Cap Verde join the Madrid System

An international trademark registration via the Madrid System is a simple and inexpensive way to achieve trademark protection for many countries with one central application. The underlying Protocol to the Madrid Agreement now has 112 participating countries. Since regional organizations such as the European Union are also members, up to 128 countries can be reached…

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Protection of know-how and trade secrets in the company

Protection of know-how and trade secrets in the company

On April 26, 2019, the German Act on the Protection of Trade Secrets (GeschGehG) came into force. The law is based on the EU know-how Directive 2016/943 of 08.06.2016. The law strengthens the protection of trade secrets. A very important innovation, however, is that “appropriate secrecy measures” must be taken to ensure that know-how actually…

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Revocation and invalidity proceedings for German trademarks before the office since 01.05.2020

Revocation and invalidity proceedings for German trademarks before the office since 01.05.2020

In the course of the German Trademark Law Modernization Act (Markenrechtsmodernisierungsgesetz, short: MaMoG), a number of amendments to the German trade mark law have come into force on January 14, 2019. As the MaMoG implements an EU trade mark directive from 2015 in Germany, many of the changes made are already known from the EUIPO…

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Effects of Brexit on European intellectual property rights in the UK

Effects of Brexit on European intellectual property rights in the UK

The United Kingdom’s withdrawal from the EU (Brexit) took place on 31 January 2020, which in part has implications on property rights. Patents With regard to European patents, nothing changes, since the United Kingdom remains a member of the European Patent Convention, which is not Union law but an international treaty to which, for example,…

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