Around the IP Blogs

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Patents

The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions. While the Bundesrat still has to approve this bill, this is not believed to be controversial. Thus, the changes described below are expected to enter into force in a few weeks, except (iii), which will enter into force in spring 2022. Kluwer Patent Blog reported on the changes.

 

Trade marks

The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”. It is part of the annual Pan-European Media Campaign and also marked World Anti-Counterfeiting Day on 8 June. Marques provided highlights of the campaign.

 

Tefal applied to register “a plain red dot affixed centrally to the bottom of a cooking receptacle (such as a pan, saucepan)”. The goods covered were “frying pans, saucepans, casseroles, stew-pans, cooking pots, crepe pans, grills, woks” in Class 21. The UK IPO refused the application because Tefal had not shown that it was inherently distinctive, nor had it acquired distinctiveness through use. Kluwer Trademark Blog reported on the application.

 

Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU). Marques provided an explanation of how it will work.

 

The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the Community Design Regulation because it had appeared in a patent application. The decision highlights the importance for product developers to keep detailed records, already during product development, as to why a particular visual appearance of the product was chosen. Kluwer Trademark Blog reported on the decision.

 

Copyright

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. The Beijing Treaty on Audiovisual Performances (the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties. Kluwer Copyright Blog provided a look at the effect of the Treaty in audiovisual performances.

 

Other: Industrial Designs

IPTango published a discussion on the modulation of the effects of the decision declaring the unconstitutionality of the sole paragraph of article 40 of the Industrial Property Law of Brazil.