ILN IP Insider

June 12, 2019

“Patent Attorneys Academy” established in Greece

By Elena Nikolarea of A. & K. Metaxopoulos and Partners Law Firm

 

While in some jurisdictions the concept of a “patent attorney” or also a “patent judge”, referring to persons who not only have knowledge of patent law but also acquire technical expertise in relation to patents, is common, this is not the case in Greece. Of course, there are lawyers with high-level expertise in patent law, as well as sections of the Courts that try cases related to industrial property law. At the same time though, the technical issues of disputed patents are mostly assessed by technical experts who the parties, as well as the Court, may each appoint in order to assist the Court to reach a decision in each case.

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June 5, 2019

Information on Filed Applications for Registration of Drugs has Become Publicly Available in Russia

By Boris Malakhov of Lidings Law Firm

Under the Federal Law “On drugs circulation” (Law), information on state registration of drugs in Russia shall be publicly available.

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May 22, 2019

Still Standing?: The Sometimes Rocky World Of Public Art

By James P. Flynn of Epstein Becker Green

What distinguishes public art is the unique association of how it is made, where it is, and what it means.” —The Association for Public Art

To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked into (or have already fallen out of or never made it into) the recesses of memory.  But this writer is not most people.  Though aspiring to be a child of the universe, I am at heart still a ten-year-old kid from Bayonne, New Jersey, at the south end of Hudson County who (in 1975) thought a guy from our neighborhood was about to pull off the greatest upset in sports history (at least in the pre-Miracle-on-Ice/before-Jimmy-V era).

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May 8, 2019

Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters

By Daniel J. Barsky of Shutts & Bowen LLP

2018 saw a number of important trademark cases decided across the United States.  Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark Trial and Appeal Board (“TTAB”).  Royal Crown Co., Inc. v. The Coca-Cola Co., 892 F.3d 1358 (Fed. Cir. 2018) and Omaha Steaks Int’l, Inc. v. Greater Omaha Packing Co., 908 F.3d 1318 (Fed. Cir. 2018) showed that there is overlap in the analysis to be conducted under these two different legal theories and provides important lessons for practitioners to remember.

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April 24, 2019

Should Scandalous Trademarks Be Registered?

By Daniel H. Bliss of Howard & Howard

Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if the trademark is immoral or scandalous?  Should you register your scandalous trademark with the U.S. Patent and Trademark Office?  The answer may be YES!

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April 11, 2019

Rospatent gives the green light to foreign applicants from 11 states

By Boris Malakhov of Lidings Law Firm

As outlined in art. 1247 of the Russian Civil Code, any applicant may choose one of the options how to be represented before Rospatent:

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April 9, 2019

When appealing bears fruit: Pear Technologies v EUIPO – Apple

By Ben Milloy of Fladgate LLP

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice of the European Communities (CJEU) have been gr-apple-ing with in the recent case of Pear Technologies v EUIPO – Apple [2019] EUECJ T-215/17. Aside from offering opportunities for highly amusing wordplay, this recent decision includes some useful guidance on the CJEU’s approach to the visual and conceptual comparison of signs in trade mark disputes.

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April 3, 2019

Apple Closed Two of Its Stores in Eastern Texas. The Reasoning May Surprise You – How patent laws can affect key business decisions

By David Cupar of McDonald Hopkins

Apple, the technology giant which runs successful Apple Stores all over the world, announced that it will close its only two stores in eastern Texas by Friday, April 12.

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March 27, 2019

New Process for Timestamping IP works in Greece

By Elena Nikolarea of A. & K. Metaxopoulos and Partners Law Firm

On 26 February 2019, the Hellenic Copyright Organization (Greek acronym: “OPI”) launched a new online service for “electronic timestamping” of all types of works.

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March 13, 2019

“…For me? As what? Tough guy? I don’t need tough guys. I need more lawyers…”: INTELLECTUAL PROPERTY LAW IN CRIMINAL MATTERS

By James P. Flynn of Epstein Becker Green of Epstein Becker & Green

There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.”  That may be true.  But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter involving the Mongols Motor Cycle Club has recently shown.  So today we thought that we would use Michael Corleone’s observation as the title of our discussion of how creative intellectual property lawyering has impacted that recent Mongols’ matter in a California federal court.  [Not only is the Corleone quote apt here, but it is often useful in any context to start with a quote from The Godfather, which has been described as the “sum of all wisdoms” and “the source of all knowledge.”  So it is probably fitting that we lead this piece (or any piece) with a Godfather quote or reference, especially since it has worked for us before.]

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