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Patents
Patentability of embryonic stem cells - after the European Patent Office, the European Court of Justice gives its opinion
By Gabrielle FAURE-ANDRE, IP engineer
Pursuant to Article 6(2)(c) of Directive 98/44/EC of the European Patent Convention (EPC), the use of «human embryos» for industrial or commercial purposes is not patentable.
Published on: 14 Feb 2012 -150 KB
Biotechnologies
Does a priority right exist without experimental results?
By Nicolas BOUQUIN, European Patent Attorney
In the field of biotechnologies, inventions are routinely disclosed in patent applications before any result has been obtained.
Published on: 06 Feb 2012 -479 KB
Domain Name
Modification of the conditions of registration of the .FR domain names as from December 6
Published on: 04 Nov 2011 -173 KB
London Protocol
The French Supreme Court and the Secrets of the London Agreement
By Jean-Robert CALLON DE LAMARCK, Partner
Commentary on the Judgement of the French Court of Cassation dated 2 November 2011
Published on: 02 Nov 2011 -492 KB
Patents
The United States are changing their patent rules
By Marie AUDREN and Barbara CASADEWALL, European and French Patent Attorneys
After a decade of discussions for reforming patent legislation, the United-States finally passed the Leahy-Smith America Invents Act. The bill was signed by President Obama on September 16, 2011.
Published on: 01 Sept 2011 -225 KB
Patents
G2/07 - How EPO's Enlarged Board of Appeal interpretes the expression "essentially biological process" under A.53(B) EPC
By Franck TETAZ, Partner, and Lucile VERNOUX, European Patent Attorney, Cabinet REGIMBEAU
The question of the patentability of plants was a struggle of the last century.
Published on: 14 Jun 2011 -341 KB
Patents
Procedure to limit the scope of a patent before the INPI
By Francis AHNER, Partner, French & European Patent Attorney, Cabinet REGIMBEAU
The latest version of the European Patent Convention (EPC) has provided patent owners with the opportunity to narrow the protection conferred by their claims after grant of the patent.
Published on: 15 April 2011 -375 KB
Legislation
Geographical Indications : A unique register for wines and spirits ?
By Nicolas DEMILLY, European and French Trademark Attorney, and Evelyne ROUX, Partner, Cabinet REGIMBEAU
Since 1997, the negotiators of the WTO in the field of IP have been focused upon the preparation of a draft of a unique text establishing a multilateral system of notification and registration of geographical indications relating to wines and spirits.
Published on: 29 March 2011 -273 KB
Design
Designs and Copyright: an Italian interpretation of the cumulation of rights?
ByAymeric VIENNE, Senior Counsel, European and French Patent and Trademark Attorney, Cabinet REGIMBEAU
Italy has always had a special position in the still heterogeneous copyright landscape of the European Union...
Published on: 24 March 2011 -327 KB
Design
A pragmatic application by the European Court of the legal rules relating to Community designs
By Aymeric VIENNE, Senior Associate, Cabinet REGIMBEAU
Published on: 17 Jan 2011 -457 KB
Trademark
A new conflict between a subsequent design and an earlier trademark- Judgment T-513/09 of 16 December 2010
By Aymeric VIENNE, European and French Patent & Trademark Attorney - Cabinet REGIMBEAU
The decision brings out some now well-established definitions, but also some gaps in relation to certain questions of law in the area of designs.
Published on: 06 Jan 2011 -393 KB
Pharmacy
Notice on Decision G2/08
By Barbara Casadewall and Isabelle Mendelsohn, European and French Patent Attorneys - Cabinet REGIMBEAU
Decision G 2/08 issued by the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) on 19 February 2010 was particularly awaited within the pharmaceutical field.
Published on: 03 Jan 2011 -848 KB
Trademark
Financial valuation of a brand: Contribution of the new ISO standard
By Marc LEVIEILS, Trademark Attorney, Partner - Cabinet REGIMBEAU
How can one measure a product’s innovative strength, a team’s creativity, knowledge of a market, or customer reputation ?
Published on: 10 Dec 2010 -291 KB
Trademark
Trade marks and Designs: Score draw? In what circumstances can a trade mark invalidate a later design?
By Aymeric VIENNE - French and European Patent Attorney - Cabinet REGIMBEAU
On 12 May 2010, the General Court of the EC handed down a judgment in case no. T 148/08, between the Chinese company Beifa Group, on one side, and the OHIM and the well-known German company Schwan-Stabilo Schwanhaüßer, on the other.
Published on: 11 Jun 2010 -387 KB
Pharmacy
Decision G2/08
By Isabelle Mendelsohn, Senior Associate and Barbara Casadewall, European and French Patent Attorneys - Cabinet REGIMBEAU
This long-awaited decision deals with the protection of second and further medical uses under the new provision of article 54(5) EPC 2000, and in particular with the protection of dosage regime of a known compound for treating a known illness.
Published on: 15 April 2010 -285 KB
Patentability of genes
An American Federal Court has held that in principle, genes cannot be patented: could this cast doubt on the development model of the biotechnologies industry?
The US District Court for the Southern District of New York has just held that in principle, genes cannot be patented, since such patents would be contrary to the provisions of Section 101 of the United States Patent Act (35 USC 101).
Published on: 31 March 2010 -264 KB
Copyright
« Registration of Foreing Works is required to collect Statutory Damages»
By Jean Pereira, Intellectual Property Lawyer
In the United States, registration of foreign works is required to collect damages.
Published on: 01 Oct 2009 -267 KB
Biotechnologies
Laws on Bioethics in France
By Frédérique Faivre Petit, French and European Patent Attorney, Partner - Cabinet REGIMBEAU
Laws on Bioethics  were first laid down in France in 1994. The principle then set out by the law-maker was that they should be reviewed after 5 years.
Published on: 04 Sept 2009 -277 KB
Patents
European Patent Office : new provisions introducing time limits for the filing of divisional applications
The Administrative Council of the European Patent Office agreed last 25th March to new provisions introducing time limits for the filing of divisional applications.
Published on: 20 May 2009 -257 KB
Patents
New procedure in dealing with petition for review by the enlarged board of appeal set out in Article 112 bis-EPC 2000
By Francis AHNER, Partner, European Patent Attorney, Cabinet REGIMBEAU
Under the old EPC 1973, decisions or opinions of the Enlarged Board of Appeal could only be petitioned at the request of a board of appeal or of the President of the EPO, mainly in order to ensure uniform application of the law enacted by the EPC.
Published on: 06 Jan 2009 -266 KB