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Intellectual Property

In today’s knowledge economy, your intellectual property plays a key role in obtaining a competitive advantage. A cohesive strategy, including both commercialisation and enforcement, will ensure you get maximum value from your IP. With specialist IP lawyers throughout emerging Europe, we have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies, often across the region or in several jurisdictions. Leading multinationals look to CMS for an integrated, cross-border service to meet their global needs and/or deal with global trademark portfolios, as well as specialist advice and representation in individual countries. Working with CMS gives you invaluable access to knowledge of the regions markets and regulators, both locally and regionally. We work together with you to find the best solutions for your business.

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. We focus on key sectors relevant to you such as lifesciences, automotive, machinery, manufacturing, consumer products, financial services, and technology, media and communications. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, CMS dedicated contentious IP experts can guide you through the litigation process.


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01/12/2021
A piece of pat­ent his­tory has been made con­cern­ing pat­entab­il­ity of com­puter...
In March 2021 the En­larged Board of Ap­peal of the European Pat­ent Of­fice answered ques­tions con­cern­ing pat­entab­il­ity of com­puter soft­ware sim­u­la­tions in case G1/19.  A Tech­nic­al Board of Ap­peal has now...
10/11/2021
COV­ID and ViCo: The End?
En­larged Board of Ap­peal de­cision G1/21 Back­ground Fol­low­ing an EPO press re­lease on 16 Ju­ly 2021, the En­larged Board of Ap­peal’s (EBA) de­cision on video­con­fer­en­cing (ViCo) was re­leased last week. We...
05/11/2021
CJEU provides guid­ance on scope of pro­tec­tion provided by un­re­gistered...
Key Takeaways The Court of Justice of the EU (CJEU) handed down its judg­ment last week in a case con­cern­ing un­re­gistered Com­munity designs, Fer­rari and cus­tom­isa­tion kits. In sum­mary, the CJEU ruled that:...
06/09/2021
Trans­fer of IP rights in Tur­key
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 re­gistered pat­ent...
Comparable
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 Tur­key
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...
Comparable
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...
14/05/2021
Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice
Doc­u­ment sign­ing has presen­ted nov­el chal­lenges in the new re­mote-work­ing en­vir­on­ment. Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice (EPO) can be straight­for­ward provided that the form­al re­quire­ments...
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...