Current research for COVID-19 treatments is based on known pharmaceutical active ingredients covered by industrial property titles (patents or supplementary protection certificates). These titles confer to their owner an exclusive right of exploitation on the claimed substances. Consequently, the manufacture by third parties of anti-COVID-19 medicinal products which composition would include protected molecules will require...
The War of Colours – Eliott Amzallag
25 February 2020
One day I was painting, black had invaded the whole surface of the canvas, without forms, without contrasts, without transparencies. In that extreme, I saw in a way the negation of black. Pierre Soulage understood that, thrust in its extremities, black can be the price of every temptation. Surely Anish Kapoor had his words in...
After a turbulent procedure before the EUIPO and then before the Community court, the Court of the European Union annulled on 24 October the European Union trademark of Rubik’s Brand for the famous Rubik’s Cube (1). The latter’s competitor, Simba Toys GmbH, had requested the cancellation of the said three-dimensional mark as early as 2006,...
By decision T489/14 of 22 February 2019, the Board of Appeal 3.5.07 of the European Patent Office referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC a series of questions concerning the assessment of the inventive step of computer-aided simulation methods (Case G1/19). First of all, a few words about the context. As...
Since its creation in March 2018, the Institut de Boufflers has made the statute of limitations for actions for cancellation of national industrial property titles one of its main concerns. As early as March 2018, the Institute took the initiative of organising a conference on the subject; the contributions of this conference were then...
The meeting of intellectual property law and enforcement law, i.e. seizures, is surprising. Article R. 241-1 3° of the Code of Civil Enforcement Procedures states that it is the Intellectual Property Code that sets out the rules for seizure of literary, artistic and industrial property rights. However, the Intellectual Property Code does not provide much...
CRISPR-Cas9 is a genetic engineering tool discovered in 2012. This disruptive innovation is raising hopes in various sectors, particularly in the agri-food industry and in medicine. However, it remains surrounded by many uncertainties, whether ethical, technical or legal. To understand its significance, we must first go over some of the basics of genetics. Calvin...
The repair clause for visible spare parts that we already know in European design Law [1] is about to be introduced in French law through an amendment[ [2] (quite cavalier) inserted in the bill on mobility [3]. In its last state [4], the text plans to establish a new double exception to the design right...
Agile Law – Arnaud Latil
17 July 2019
Agility has become a new quality expected of legal rules. Reports, opinions and recommendations of all kinds are increasingly establishing agility as a cardinal legal virtue. In its annual study for 2017, the Conseil d’Etat theorizes agility as a legislative method combining flexibility and responsiveness (CE, “Puissance publique et plateformes numériques : accompagner l”ubérisation'”, 2017)....
The song is from a time that people under 60 cannot know, although it has not yet been completely forgotten (probably because Brigitte Bardot sang it with the Frères Jacques). It is its title that comes to mind when one confronts the assessment of what has become of intellectual property with the vision that Stanislas...