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Intellectual Property

The success of a company springs from its ideas. By obtaining, defending and licencing various property rights ranging from trademarks to designs, patents, protection certificates and utility models, this potential is transformed into financially measurable company values. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio.

With 150 IP-lawyers in 42 countries, we understand your business needs. CMS has worked with some of the best-known brands and we specialize in representing companies from the lifesciences, pharmaceutical, medical products, media, telecommunications, clothing, computer and consumer goods industries. We advise and represent clients during trademark registrations and similarity examinations, handle their trademark portfolios and potential breaches of their trademark, design, patent and protection certificate rights, and prosecute product piracy for our clients at customs authorities and courts across Europe. Our expertise extends to parallel and grey imports, sales rights and associated legal fields such as pharmaceutical products, media, telecommunications and broadcast law.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. In the event of a breach of property rights, we support our clients in asserting their rights before courts and criminal courts. Our range of services includes warnings, injunctions, lawsuits and border confiscations as well as the increasingly important international assertion of intellectual property rights.


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06/09/2021
Trans­fer of IP rights in Ser­bia
Pat­ents: As­sign­ment 1. How may a pat­ent be as­signed (by law and/or trans­ac­tion) and is it re­quired to re­cord the as­sign­ment in the na­tion­al pat­ent re­gister to be­come ef­fect­ive?  A pat­ent may be as­signed...
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04/08/2021
3D shape of a lip­stick ac­cep­ted as an EU trade mark by the Gen­er­al Court
It is no­tori­ously dif­fi­cult to re­gister shapes as trade marks, be­cause con­sumers are not ac­cus­tomed to identi­fy­ing the ori­gin of spe­cif­ic products based on their ap­pear­ance alone without any oth­er graph­ic...
25/06/2021
Double pat­ent­ing: leg­al fact or fic­tion? (G4/19)
The En­larged Board of Ap­peal (EBA) has this week re­leased its de­cision re­gard­ing the is­sue of double pat­ent­ing. The concept of double pat­ent­ing will be fa­mil­i­ar to those work­ing in the pat­ent field. It...
14/06/2021
EPO ap­proach to ex­amin­ing com­puter im­ple­men­ted in­ven­tions
On Tues­day 25 May 2021, Heli Pih­la­jamaa, dir­ect­or of pat­ent law at the European Pat­ent Of­fice, gave a present­a­tion to CIPA’s com­puter tech­no­logy com­mit­tee on the Pat­entab­il­ity of com­puter-im­ple­men­ted...
08/06/2021
Trade secrets in Ser­bia
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
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04/06/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care law­yers
04/06/2021
Video­con­fer­ence or­al pro­ceed­ings be­fore The European Pat­ent Of­fice (G1/21)
The European Pat­ent Of­fice (EPO) was due to hear the re­fer­ral in G1/21 on Fri­day 28 May 2021 con­cern­ing the ques­tion of wheth­er the con­duct of or­al pro­ceed­ings in the form of a video­con­fer­ence is com­pat­ible...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
23/03/2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05/03/2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
24/02/2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
17/02/2021
Com­puls­ory li­cens­ing in Ser­bia
1. What is the defin­i­tion of com­puls­ory li­cens­ing? Com­puls­ory li­cens­ing refers to the leg­al mech­an­ism whereby the com­pet­ent gov­ern­ment au­thor­ity in ac­cord­ance with the law au­thor­ises in­ter­ested parties...
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