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Intellectual Property

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In the current economic climate, intangible assets are of significant value to companies. Said assets, essential for generating competitive advantage and avoiding the loss of opportunity, are becoming increasingly threatened by risks. Receiving sound advice on industrial and intellectual property matters provides the key to effectively protecting brands, patents, designs, copyrights and know-how.

The CMS team comprises more than 400 specialist lawyers located in 43 countries. Thanks to our vast experience advising on intellectual and industrial property matters, we are able to understand business needs and provide a strategy aligned to each client’s sector, helping them to achieve their creative and commercial goals.

We advise companies throughout the digital economy value chain, from content firms to those which offer or require connectivity and technology services, as well as publishers and audiovisual and visual arts companies. We also benefit from vast experience in related areas such as advertising, unfair competition and the protection of honour, privacy and personal image.

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03 Feb 20
SkyKick: Good news for brand own­ers - the CJEU's rul­ing main­tains...
Sum­mary The eagerly awaited judg­ment in the SkyKick case (C-371/18) was pub­lished on Wed­nes­day. The case relates to ques­tions re­ferred to the CJEU by the UK High Court in trade mark in­fringe­ment pro­ceed­ings...
31 Jan 20
UK In­tel­lec­tu­al Prop­erty Of­fice finds that pat­ent law does not cater...
The UK In­tel­lec­tu­al Prop­erty Of­fice has found that DABUS is not a per­son and so can­not be con­sidered an in­vent­or of a pat­ent. DABUS is an ar­ti­fi­cial in­tel­li­gence (AI) ma­chine. The UKIPO ac­cep­ted the in­dic­a­tion...
31 Jan 20
A Short Guide: Pri­or­ity En­ti­tle­ment at the EPO
Art­icle 87 EPC Pri­or­ity right (1) Any per­son who has duly filed, in or for (a) any State party to the Par­is Con­ven­tion for the Pro­tec­tion of In­dus­tri­al Prop­erty or (b) any Mem­ber of the World Trade Or­gan­iz­a­tion,...
15 Jan 20
Can newly dis­covered can­nabis com­pounds be pro­tec­ted by pat­ents?
A break­through dis­cov­ery has re­cently hit the news: tet­rahy­drocan­nabi­phorol (THCP) and can­na­bid­i­phorol (CB­DP), two new can­nabin­oid com­pounds, have been dis­covered in Can­nabis sativa and char­ac­ter­ised...
21 Oct 19
AG Opin­ion in SkyKick: Guid­ance on the re­quire­ment for clar­ity and...
Sum­mary The eagerly awaited Ad­voc­ate Gen­er­al Opin­ion in the SkyKick case (C-317/18) was pub­lished last week. The Opin­ion from AG Tanchev relates to ques­tions re­ferred to the CJEU by the UK High Court...
18 Oct 19
Re­vised Rules of Pro­ced­ure of the European Pat­ent Of­fice Boards of...
The Rules of Pro­ced­ure of the Boards of Ap­peal are the rules that gov­ern the way ap­peals are con­duc­ted at the European Pat­ent Of­fice (EPO). The EPO has re­cently ap­proved changes to these rules, which...
13 Sep 19
SPC Double Whammy - In­ter­pret­ing Art­icle 3(a) of the SPC Reg­u­la­tion
Sum­mary At the end of June, the CJEU heard the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from the Eng­lish Court of Ap­peal for Searle’s...
14 Jun 19
The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic...
13 Feb 19
Dot eu do­main names in a no deal Brexit - What's the plan?
In­tro­duc­tion EUR­id is the private, in­de­pend­ent, not for profit or­gan­isa­tion that has op­er­ated the .eu TLD since 2003. Last year EUR­id re­por­ted the EU Com­mis­sion’s No­tice to Stake­hold­ers which an­nounced...
17 Oct 18
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware...
26 Mar 18
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false...
19 Mar 18
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any...