May 4, 2018
On 26 April, the UK ratified the EU’s Unified Patent Court (UPC) agreement. Although much of intellectual property law and practice is already harmonised amongst EU member states, a UPC would set up a common patent court for the hearing of intellectual property cases, and the direct applicability of its rulings, across all EU member states – something which is currently not the case, as patent cases (even for European Patent Office granted patents) are presently litigated on a country by country basis. The UPC would have the competence to hear cases regarding European patents with unitary effect, but also other European patents registered within states which have ratified the UPC agreement.
April 4, 2018
Suppose that you want to obtain a patent for an invention related to your cannabis business. What if the invention is a device for extracting oils, an ornamental design for a new vaporizer, or a new breed of cannabis plant? Should you attempt to patent your invention with the U.S. Patent and Trademark Office? Can you obtain a patent from the U.S. Patent and Trademark Office? The answer is YES! if the invention meets certain conditions for patentability.
March 28, 2018
First Witch: When shall we three meet again/In thunder, lightning, or in rain?
Second Witch: When the hurlyburly’s done,/When the battle’s lost and won.
Third Witch: That will be ere the set of sun.
March 21, 2018
Nowadays, intellectual property rights constitute very important assets of the companies. Therefore, in order to avoid conflicts and uncertainty, Greek legislation offers specific provisions concerning the ownership of inventions, designs and the copyright on a work created in the course of an employment relationship. These provisions could be of interest of any company operating in Greece and governed by Greek Law.
March 5, 2018
bkp partners Martin Reinisch and Georg Fellner have obtained a favorable judgment by an Austrian Appellate Court for bkp client Spirits International (SPI Group) confirming the latter’s rights in the iconic Stolichnaya and Moskovskaya trademarks in Austria.
January 31, 2018
Sometimes blogging topics are hard to come by. It is often difficult because, as a sage once noted in discussing the search for The Ultimate Computer, one wants to do one’s best, but something like creativity “doesn’t work on an assembly line basis. … You can’t simply say, today I will be brilliant,” insightful, informative or even mildly amusing. But other times topics materialize right before your eyes, as if dropped on your desk by fate or chance, and then they seemingly write themselves, without either assembly lines or much hard work.
January 17, 2018
Suppose that you want to register a trademark that identifies a source of goods or services for your business. You file a federal trademark application with the U.S. Patent and Trademark Office. Subsequently, you receive an Office Action from the U.S. Patent and Trademark Office that initially refuses registration of your mark based on a likelihood of confusion with a similar trademark? Can you overcome the refusal to obtain a registration from the U.S. Patent and Trademark Office? The answer is often YES!