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UPC Special

UPC Special

UPC News
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UPC News, Patent Litigation, Patent Prosecution
Open Letter: Uneven distribution of UPC cases between the different Local/Regional/Central Divisions of the Court of First Instance

BARDEHLE PAGENBERG’s response to concerns raised about an uneven case distribution and the measures…

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IP Reports, Patent Litigation, Oppositions and Nullity, Patent Prosecution
Consulting the description — but to what end?

Must the description always be consulted when interpreting claims for patentability? This…

IP News on
IP Reports, Designs
Lego’s recent loss before the EGC: A reminder of the four-stage assessment of a design’s individual character (T-628/42)

In its seminal decision dated January 14, 2026, regarding one of Lego’s numerous registered building…

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IP Reports, Patent Litigation, Licensing & Technology Transfer
VoiceAge v HMD: The German Federal Court of Justice confirms and refines its FRAND approach

The FCJ confirms and refines its FRAND approach in express disagreement with the European…

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IP Reports, Trademarks
French Supreme Court: No limitation period for trademark invalidity actions after the PACTE Law

The French Supreme Court has overturned the approach previously taken by the lower courts regarding…

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IP Reports, Enforcement of Trademarks and Designs, Trademark Law
Secondary liability of logistics service providers: German court clarifies duties to monitor China direct shipments

The Higher Regional Court of Düsseldorf passed a judgment on trademark infringement which will…

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IP Reports, Trademarks, Designs, IP News & Knowledge
James Bond’s “Moneypenny” – professional, loyal, and understanding – but also characterful?

In a recent decision by the Higher Regional Court of Hamburg, the court dealt with the question of…

UPC News
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IP Reports, UPC News, Patent Litigation, Oppositions and Nullity
UPC Fact Check – success rates, revocation rates & grounds for revocation

After more than two years of UPC case law, the sample size of UPC decisions justifies a first UPC…

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IP Reports, Trademarks
Court of Justice of the European Union: Limitation of trademark rights only to the extent provided for in the Trademarks Directive – Extraterritorial application of national trademark rights: Possession abroad

Two judgments of the CJEU rendered on August 1, 2025, dealt with significant trademark issues of…

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IP Reports, Patent Litigation, Oppositions and Nullity
G 1/23: Conditions for public availability of a product

In the recent major decision G 1/23, the EBA of the EPO addressed under what conditions a product…

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IP Reports, Patent Litigation, Oppositions and Nullity
G 1/24: A win for claim interpretation, a setback for clarity discussions?

After more than 50 years of the EPC, the EPO’s Enlarged Board of Appeal (EBA) has finally provided…

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IP Reports, Copyright
Mastering Complexities in EU Copyright Law: A Discussion on the Opinion of Advocate General Szpunar in the Mio and USM Haller cases delivered on 8 May 2025 (Joined Cases C-580/23 and C-795/23)

On 8 May 2025, Advocate General Szpunar issued his long-awaited opinion in two pending referrals to…

UPC News
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IP Reports, UPC News, Patent Litigation, IP News & Knowledge
Second medical use claims in the UPC system: prerequisites and mechanism of examination for infringement

First UPC landmark decision sets infringement and validity standards

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IP Reports, Patent Litigation, Antitrust Law, Telecommunications, Software, IT & Computer Technology
FRAND objection: Higher Regional Court of Munich, final judgment dated March 20, 2025

In this final judgment, the Higher Regional Court of Munich commented for the first time on the…

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IP Reports, Designs
Design Grace Period: European Court Provides Clarity on Scope and Application

The case concerned a registered Community design for an LED light bulb (RCD no. 003619881-0001).

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IP Reports, Trademarks
The “Neoperl” decision of the CJEU on the limits of the power of the General Court to alter prior decisions – C 93/23P, Neoperl AG

Application for registration of a tactile position mark – No obligation to examine absolute grounds…

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IP Reports, Patent Litigation
The End of Automatic Permanent Injunctions for Patent Infringement? Towards a Disproportionality Defense Before French Courts

A recent decision by the Paris Court of Appeal has challenged the approach of granting permanent…

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IP Reports, Patent Litigation, IP News & Knowledge
Cross-border long-arm jurisdiction of the courts of EU Member States for global patent infringement within centralized infringement proceedings

The CJEU strengthens cross border litigation options and clarifies a long-standing question on…