Entries by admin

#IPLaw – Clauses of Twitter general conditions deemed illegal or abusive (FR)

The validation of the general conditions is often done automatically. Thank God, associations of consumers and especially judges ensure the lawfulness and abusiveness of certain clauses not negotiated by “co-contractors”. The French association Union Fédérale des Consommateurs – QUE CHOISIR (en abrégé UFC – QUE CHOISIR, et ci après UFC) has sued TWITTER (Company TWITTER […]

#ITLaw – The Right to software Interoperability

The wealth of questions relating to industrial property is greater than we imagine. Despite the importance of legal protection of program creators, it is critical that right holders of computer programs do not create excessive partitioning that generates abuse of rights. As in all aspects of IP, the cursor is to be placed in the […]

#TMLaw – The setbacks of the application for registration of the figurative mark “MESSI” at the EUIPO

The multi-balloon d’or Lionel Messi has filed several European trademarks with varying degrees of success. One of them encountered an obstacle that proved to be major, whereas, from our point of view, ways to overcome these obstacles could have been used. The trademark application in question is the European application 010181154 filed on 08.08.2011, not […]

#IPBday – The seat belt is 60 years old …

On August 29, 1958 Mr. Nils BOHLIN (or rather his employer VOLVO) filed a Swedish patent application for a so-called 3 ponits safety belt. Today the safety seatbelt is so commonplace that one has the impression that it has always existed, while despite its simplicity a posteriori, it is undeniably an invention that has given […]

#IPStats – Statistics of international filings, especially of trademarks

In contrast to patent filings and trademark values, European countries, including France and the United Kingdom, maintain commendable place in the rankings of the number of filings of trademarks. The statisting of filings of international trademark applications from the World Intellectual Property Office (WIPO), ranks France as 4th (with 4,261 international filings, and a raise […]

#PatLaw – The non-patentability of subject matters considered contrary to public order or morality.

The question of the non-patentability of inventions said to be contrary to public order or morality, differs according to local legislation and “good” morals. A decision by the Indian Office rejected a patent application for a vibratory sex stimulator (WE VIBE brand of STANDARD INNOVATION Corp. (CA)). The decision is dated April 17, 2017, and […]

#IPstats – Stats of the WIPO PCT review 2018

The World Intellectual Property Office (WIPO) has published its annual PCT review in August 2018. For the record, the PCT (Patent Cooperation Treaty) is the international convention that regulates the filing of international patent applications (so-called PCT filings). You can find the review on the following link: http://www.wipo.int/edocs/pubdocs/en/wipo_pub_901_2018.pdf The PCT statistics do not go in […]

#IPLaw #TMlaw – UE Decision against the 3D Mark of KitKat Bars

Since 2007, a litigation occurs between NESTLE (CH) and MONDELEZ (US) (formerly CADBURRY), in particular in Europe. This litigation and the underlying legal reasoning illustrate some elements to be taken into account when a three-dimensional (3D) trademark filing is envisaged. The subject-matter of the litigation concerns the 3D mark recorded by NESTLE on a chocolate […]

#ProfitIP – Generate revenues through patents

As already mentioned, the IP strategy is a significant tool for developing businesses and increasing their market share through legal and commercial means. Given the relatively high cost of acquiring intellectual property rights, compensation systems for these rights should be considered. At SOERYAH IP, we recommend going as far as possible to the widest possible […]