The consequences of the United Kingdom’s withdrawal from the European Union for holders of EU trade marks and Community designs
On 12 November 2019, the European Union and the United Kingdom of Great Britain and Northern Ireland concluded an agreement No. 2019/C 384 I/01 on the withdrawal of the United Kingdom from the structures of the Union. As of 1 February 2020, the United Kingdom ceased to be a member of the European Union. The […]
Lack of distinctiveness and descriptiveness of a trade mark in the case law of the Board of Appeal of the EUIPO
Applicants for EU trademarks at the EUIPO often encounter a refusal to grant the right due to the existence of absolute obstacles to registration. The basis for refusal is most often Article 7 points 1 b and 1 c of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 […]
The limits of protection of an industrial design in the case of products determined by technical reasons
An industrial design does not include the appearance features of a product that result solely from its technical function. What does this concept mean in practice and what happens when a design dictated by a technical function also includes appearance features? An industrial design is a new and individual form of a product or its […]
Can artificial intelligence be an inventor?
The United States Patent Office (USPTO), the European Patent Office (EPO) and the United Kingdom Intellectual Property Office (UK Intellectual Property Office) were asked this question. These bodies received two patent applications concerning a beverage container and a flashing device (light signals using fractals). The EPO assigned the applications numbers: EP 18 275 163 and […]
How to Read a Patent and Understand the Terms Used in Patent Claims? A Word on the Interpretation of Patent Claims
In accordance with Article 63 paragraph 2 of the Act of 30 June 2000 – Industrial Property Law (the Act), the subject matter scope of a patent is determined by the patent claims contained in the patent description, while the description of the invention and the drawings may serve to interpret the patent claims. In […]
Licence fees for public distribution of works via radio and television on the premises of the enterprise
When can an entrepreneur publicly play radio or television on his premises? According to Article 24, Section 2 of the Copyright and Related Rights Act, an entrepreneur has the right to publicly use radio and television sets owned by them as part of their business activity, if this is not connected with obtaining financial benefits. […]
