ArticleBe Careful When You Choose Your Brand Names!In this article Monika Colak and Philippe Benjamin Skow tell about how Oatly lost a case against PureOaty.DenmarkIntellectual PropertyAera A/S
ArticleG2/22 Is Good News For PatenteesA lot of people have commented on the recently issued decision in consolidated cases G 1/22 and G 2/22 from the Enlarged Board of Appeal of the European Patent Office (EBA). DenmarkIntellectual PropertyAera A/S
ArticleCan Online Marketplaces Be Liable For Trademark Infringements?Christian Louboutin submitted that Amazon was liable for the infringing activities by playing an active role in the use of the trademark ...European UnionIntellectual PropertyAera A/S
ArticleEPO Enlarged Board Clarifies: Publicly Available Products Are Prior Art, Even If IrreproducibleThe European Patent Office's Enlarged Board has fundamentally altered the landscape of prior art assessment, establishing that products made publicly available before a patent filing date constitute prior art regardless of whether they can be analyzed or reproduced. This landmark decision removes the long-standing reproducibility requirement, making market availability alone sufficient to destroy novelty and significantly raising the stakes for timely patent filings. European UnionIntellectual PropertyAera A/S
ArticlePost-Filing Of Evidence To Support Patent Claims?The identification of new chemical or medical compounds, and the development of complex clinical schemes for treatment requires heavy investments and is very time-consuming.DenmarkIntellectual PropertyAera A/S
ArticleCan Artwork Be Registered As A Trademark? Can A Registered Trademark Be Used To Protect Artwork?Initially, it seemed that this was possible, as the (in)famous and anonymous street artist Banksy successfully filed and registered several trademarks depicting some of Banksy's...DenmarkIntellectual PropertyAera A/S
ArticleGuideline On How Your Domain Names Will Be Affected By BrexitFrom 1 January 2021, any UK registrant who cannot meet the eligibility criteria set out by the EU will have his .eu domain names suspended. DenmarkMedia, Telecoms, IT, EntertainmentAera A/S
ArticleFundraising Now Begins With An FTOFreedom-to-operate (FTO) used to be the analysis a life-science company commissioned before a product launch or a sale. Public funders have moved it to the top of the list — and where they have led, private capital is following.DenmarkIntellectual PropertyAera A/S
ArticleDistinctive But Still Rejected – The Harsh Landscape Of 3D Trademarks In The EUAccording to Article 3(3)(c) EUTMIR, a 3D trademark is a mark consisting of a three-dimensional shape, including containers, packaging, the product itself or its appearance.DenmarkIntellectual PropertyAera A/S
ArticleSkinny Labelling – A “Loophole” Under Pressure?Recent U.S. case law is reshaping the risks around skinny labelling strategies for generics. What was once seen as a safe regulatory pathway now raises new concerns about infringementDenmarkIntellectual PropertyAera A/S
ArticleInteresting Decision On Confusing SimilarityIn November 2023, the Board of Appeal of Patents and Trademarks (Ankenævnet for Patenter og Varemærker) affirmed the decision of the Danish Patent and Trademark Office, validating the assertion that the READERS. DenmarkIntellectual PropertyAera A/S
ArticleLandmark Decision: EU Trademarks Can Be Withdrawn And Converted After RefusalThe Grand Board of Appeal has now confirmed the position advocated by several IP associations: An EU trademark can be withdrawn and converted after an application has been refused, provided this is done within the appeal period before the refusal takes effect.DenmarkIntellectual PropertyAera A/S
ArticleA Big "Step" For Askel Healthcare Who Was Granted FDA Breakthrough Device Designation For COPLA®We are very pleased to learn that our Finnish start-up client Askel Healthcare Ltd was granted Breakthrough Device Designation by the U.S. Food and Drug Administration (FDA) for their COPLA® cartilage repair device.European UnionFood, Drugs, Healthcare, Life SciencesAera A/S
ArticleBubble Trouble For Names Similar To Champagne, EU Court RulesIn the recent EU case C-783/19, a Spanish tapas bar chain had used CHAMPANILLO in its name, why Champagne producers had brought action.European UnionIntellectual PropertyAera A/S
ArticleSo, Can We Use Mickey Mouse In Our Business Now?In the past weeks, you may have come across news stories highlighting the expiration of copyright protection for the original version of Mickey Mouse. DenmarkIntellectual PropertyAera A/S
ArticleAI Matters: Copyright X Generative AIFirst up in the series of intellectual property (IP) issues impacted by and evolving with generative AI (deep learning), is that of copyright.United StatesIntellectual PropertyAera A/S
ArticleWhen AI Designs The Antibody, “Routine” Lowers The Bar For Sufficiency And Raises It For Inventive StepGenerative AI is transforming antibody patent prosecution at the European Patent Office, where a single word—'routine'—now determines both enablement and obviousness. DenmarkIntellectual PropertyAera A/S