IP Right Holders do better

Findings of the “Intellectual Property Rights and Firm Performance in the European Union” firm-level analysis report by the EUIPO (European Union Intellectual Property Office) and the EPO (European Patent Office) of January 2025

(Image created by ChatGPT) Read More

We recently held a webinar on the upcoming amendments to EU design law. To learn more about the new amendments, listen to our webinar recording which will be uploaded soon on LexDellmeier’s YouTube Channel at www.youtube.com/@lexdellmeier-intellectualp8494. Most changes will be applicable as from 1 May 2025, others will have to wait until 1 July 2026 when secondary legislation comes into force. Read our latest blog article to get some practical advice on the current changes.

Few are those nowadays who have not heard of the wonders of machine learning technologies. Names such as “ChatGPT”, “DeepSeek” or “Midjourney” have become known to virtually everybody and, for many, are now part of our everyday life. Writing a moving poem, drawing a realistic picture or composing a pretty melody has never been as easy as with the help of these new virtual assistants. As artificial intelligence (so-called “AI”) becomes increasingly involved in creative processes, the question of whether copyright protection may be granted to AI-generated content becomes more relevant by the day.

Virtual Goods in Focus – EU General Court’s First Ruling

The General Court (GC) has issued its first-ever ruling on the distinctiveness of a trademark applied to virtual goods. The decision T11163/23 dated 11 December 2024 – “Glashütte ORIGINAL”  concerned the application for the following sign:

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Has the European Union Intellectual Property Office (EUIPO) rejected your trademark application but the decision is not yet final? Consider withdrawing the application to keep the option alive to convert your application into national trademark applications in individual EU Member States – without the restrictions that apply to conversion after final refusal.

 

 

 

 

 

 

 

 

(Source: shutterstock, image ID 2192321961)

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If you are looking for practical insights and intelligence on design law in different jurisdictions, the International Comparative Legal Guide published by glg Global Legal Group is a valuable source of information.

Christmas is only a few weeks away! Now is the time for including gifts for your loved ones to your shopping lists. But as you browse through busy stores or infinite lists of products online looking for bargains, do not let the sweet vapours of mulled wine dull your senses. As the EUIPO and EUROPOL recently highlighted in a joint report published on 23 October 2024 on the ecosystem of Intellectual Property (IP) crime, counterfeit goods keep finding their way to our shelves and represent a staggering 5.8% of EU trade. The report sheds light on how much IP crime remains a threat to European consumers, how it is enabled, and how its impact could be mitigated.

Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Halloween, with its pumpkins, costumes, and haunted houses, is one of the most exciting and creative times of the year. But behind the spooky masks and candy bowls lies a complex world of Intellectual Property Law, especially trademarks, which many businesses need to navigate carefully during the season.

If you are the owner of a registered patent, trademark or design (IP rights), you have surely received communication in the past that looked like it was an invoice coming from an official source, that mentioned the correct registration number of your IP right and that made you assume that you needed to pay this invoice to uphold your IP right. NEVER pay such “invoice” unless you have made sure that it is genuine.

 

 

 

 

 

 

 

 

 

 

 

 

(Source: Shutterstock Photo ID 2162707613)

Upon examining trademark applications, national trademark offices in the EU may refuse to register a sign that is contrary to “public policy” or “accepted principles of morality”. This somewhat lesser-known absolute ground of refusal of registration is provided for by Article 4(1)(f) of the Trade Mark Directive (EU) 2015/2436 (TMD). In an effort to further harmonise the practices of the Member States’ Intellectual Property Offices, the EU Intellectual Property Network has issued a dedicated “Common Practice” to provide more clarity on this ground of refusal to the national Intellectual Property Offices.

State-of-the-art IP management in the year 2024 requires in-depth expertise and an outstanding cloud- and AI-based software. As an interdisciplinary team of lawyers and patent attorneys as well as computer scientists, engineers and physicists, the IP firm LexDellmeier - www.lexdellmeier.com - and the  German-based software company IP Servant GmbH - https://www.ip-servant.com - helps your IP department in the company or your IP law firm with the strategic planning and implementation with respect to the digitalization of your files, the introduction or improvement of processes & workflows the implementation of the cloud- and AI-based IP software “IP Servant”.