Insights

When does a technical product become eligible for copyright protection? This is the question the Court of Justice of the European Union (CJEU) has been grappling with in a series of recent decisions. The most recent decision on this question is Brompton Bicycle Ltd v Chedech/Get 2 Get (C‑833/18), relating to the design of their...

On 9 July 2020 the Court of Justice of the European Union (CJEU) handed down its decision in Case C-673/18, a referral from the Paris Court of Appeal concerning the interpretation of Article 3(d) of the SPC Regulation. Article 3(d) requires that the marketing authorisation (MA) upon which an SPC is based be “the first...

In the latest of a series of judgments concerning the interpretation of Article 3(a) of the SPC Regulation, the Court of Justice of the European Union (CJEU) has confirmed in C-650/17 Royalty Pharma that: the requirement of Article 3(a) that a product must be protected by a basic patent can in principle be met by...

During innovation, inventors, designers and artists will generate a number of ideas, some of which may become the subject of intellectual property rights. Proof of ownership of those ideas and their existence at a certain date and time, regardless of whether they eventually become formal intellectual property rights, can be useful for resolving disputes and...

On 3 April 2020, the Technical Board of Appeal of the European Patent Office issued a decision for Appeal T1749/14 against refusal of European patent application 09810380.7 entitled “Mobile Personal Point-of-Sale Terminal”. The full decision can be read here. The Board of Appeal’s decision is in line with the principles established in the Cardinal Commerce...