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BREXIT - Great Britain left the EU. The impact on the intellectual rights

 

How will Brexit affect my files?


Brexit came into effect on 31 January 2020, meaning that the United Kingdom is no longer a member of the European Union. As we explained at the time, a transition period was established that will end on 31 December 2020. During this period, and according to the Withdrawal Agreement, EU law is still applicable in the United Kingdom. This extends to the EU Trademark and Community Designs Regulations, as well as their implementation instruments. Therefore, nothing has changed during this period.


However, after 1 January 2021, and once this transition period is over, the United Kingdom will apply its own legislation and EU law will no longer be valid in this State. This is why we would like to inform you of the main aspects you must take into account.

The Ministry of Economic Development of Russia supported the fight against "evergreen patents"​

The Ministry of Economic Development of Russia has prepared a draft departmental order that will limit the ability of pharmaceutical companies to patent derivatives of previously patented chemical compounds in order to prolong the legal monopoly on the production of medicines. This initiative is regarded as a long-awaited response of the regulator to repeated proposals from the Russian business and, in particular, the Committee of the Russian Industrialists and Entrepreneurs Union (RIEU) on Intellectual Property and Creative Industries.

The Intellectual Property Court: the Russian Patent Office is not entitled to compare a trademark and a company name of another person on its own initiative

The Intellectual Property Court (IPC) published a Review of the practice of applying certain grounds for refusal of state registration of a trademark (clauses 2, 4, 5, 8 and 9 of article 1483 of the civil code of the Russian Federation), approved by the IPC Presidium decree No. SP - 21/4 dated February 20, 2020.

 

Earlier, before the Review, the practice of applying the certain clauses of article 1483 of the Civil Code of the Russian Federation consisted of several resolutions of the Plenums of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, as well as a very large array of disparate judicial acts adopted even before the appearance of the IPC. Now there is a single generalized document that addresses ambiguous and controversial issues of the application of this article. 

Patenting of gene and protein sequences: an EU and US perspective

In both the EU and the US native gene and protein sequences cannot be patented. However, under both regimes biological materials, and gene/protein sequences identical to those found in nature, may be patent protected in certain circumstances.


The requirements for patentability of gene/protein sequences differ between the EU and US, leading to a number of issues and considerations that patentees and patent drafters must be aware of when seeking to protect biological material in these territories.

Usage of graphic techniques to extend the scope of legal protection of industrial designs


V.V. Mordvinova
Russian Patent Attorney
Saint-Petersburg

 




Lately, more and more often, dotted lines have appeared in images of patented industrial designs. The share of such patents has reached about 10%, at that, the leaders of such depiction of industrial designs are applicants from US, IT, KR, SE, FI. Predominantly, patents have been issued for such objects as "Graphical interface". So, the company SAMSUNG ELECTRONICS CO., LTD (KR) regularly patented industrial designs wherein dotted lines were used in the images for visual binding of graphic elements (menus, buttons, icons, lists, etc.) to mobile devices (patents Nos. 91034 - 91045). The user interface elements made in the form of various graphic images and arranged in a certain order within the mobile device display received legal protection as industrial designs. See the patents Nos. 91039, 92181 and 92396 (on the illustration).


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