Two recent decisions in South Africa and Australia have accepted the fanciful thesis that an AI could be an inventor. I do not intend to comment on these decisions here, I simply want to try to understand how such a far-fetched (and useless) idea could gain so much ground in such a short time. Let’s...
On 23 April 2020, the Court of Justice of the European Union (CJEU) handed down a particularly enlightening decision on the notions of “shape of the product necessary to obtain the technical result” and “shape which gives substantial value to the product” (1). These are grounds for refusal or invalidity of a three-dimensional trade mark,...
Although the judgment handed down on 11 June 2020 by the Court of Justice of the European Union will not provide much information to the court in Liège, which had asked it to rule on the dispute between Brompton Bicycle Ltd and Chedech/Get2GEt, it will reassure the concerns that commentators may have had about the...
The question of damages for malicious prosecution is often raised by our clients, whether they are plaintiffs or defendants in an infringement action. If the infringement action is unsuccessful, if the title invoked is cancelled, does the plaintiff run the risk of being ordered to pay damages for abusive proceedings? For once, we used to...
