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Registered address: 188 Fleet Street, London, EC4A 2AG

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  • Article

    Be 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 Property
    Aera A/S
    Aera A/S
  • Article

    G2/22 Is Good News For Patentees

    A 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 Property
    Aera A/S
    Aera A/S
  • Article

    Can 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 Property
    Aera A/S
    Aera A/S
  • Article

    EPO Enlarged Board Clarifies: Publicly Available Products Are Prior Art, Even If Irreproducible

    The 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 Property
    Aera A/S
    Aera A/S
  • Article

    Post-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 Property
    Aera A/S
    Aera A/S
  • Article

    Can 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 Property
    Aera A/S
    Aera A/S
  • Article

    Guideline On How Your Domain Names Will Be Affected By Brexit

    From 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, Entertainment
    Aera A/S
    Aera A/S
  • Article

    Fundraising Now Begins With An FTO

    Freedom-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 Property
    Aera A/S
    Aera A/S
  • Article

    Distinctive But Still Rejected – The Harsh Landscape Of 3D Trademarks In The EU

    According 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 Property
    Aera A/S
    Aera A/S
  • Article

    Skinny 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 infringement
    DenmarkIntellectual Property
    Aera A/S
    Aera A/S
  • Article

    Interesting Decision On Confusing Similarity

    In 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 Property
    Aera A/S
    Aera A/S
  • Article

    Landmark Decision: EU Trademarks Can Be Withdrawn And Converted After Refusal

    The 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 Property
    Aera A/S
    Aera A/S
  • Article

    A 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 Sciences
    Aera A/S
    Aera A/S
  • Article

    Bubble Trouble For Names Similar To Champagne, EU Court Rules

    In 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 Property
    Aera A/S
    Aera A/S
  • Article

    So, 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 Property
    Aera A/S
    Aera A/S
  • Article

    AI Matters: Copyright X Generative AI

    First up in the series of intellectual property (IP) issues impacted by and evolving with generative AI (deep learning), is that of copyright.
    United StatesIntellectual Property
    Aera A/S
    Aera A/S
  • Article

    When AI Designs The Antibody, “Routine” Lowers The Bar For Sufficiency And Raises It For Inventive Step

    Generative AI is transforming antibody patent prosecution at the European Patent Office, where a single word—'routine'—now determines both enablement and obviousness.
    DenmarkIntellectual Property
    Aera A/S
    Aera A/S

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