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Generic Drug Manufacturers Protected by the “Skinny Label” provisions of the Hatch–Waxman Act

Generic Drug Manufacturers Protected by the “Skinny Label” provisions of the Hatch–Waxman Act

by David Eyre | Jan 22, 2024 | US & International

Background – Skinny Labelling Enacted by the Hatch–Waxman Act  In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
Are faces distinctive? EUIPO says maybe, but not as much as Donald Trump’s hair!

Are faces distinctive? EUIPO says maybe, but not as much as Donald Trump’s hair!

by Alyson Lam | Jan 12, 2024 | Trademarks

Prior attempts – Puck Schrover case Previously, several models have filed applications to register trade marks of real-life pictures but have mostly been unsuccessful. One of the recent cases involved the figurative mark of Dutch model Puck Schrover. The application...
The Maze of Plausibility Case Law: The Referring Board in G 2/21 Suggests a Way Through

The Maze of Plausibility Case Law: The Referring Board in G 2/21 Suggests a Way Through

by Sean Hutchinson | Dec 21, 2023 | EPO

Our Headnote It seems that the era of “plausibility” is over, and there may now be little, if any, consideration given to whether the technical effect was plausible / not implausible in view of the application as filed. Instead, emphasis is now placed on the “broadest...
The EPO Examining Division are Criticized by the Boards of Appeal for Breaking the Rules of Procedure

The EPO Examining Division are Criticized by the Boards of Appeal for Breaking the Rules of Procedure

by Chloe Sullivan | Dec 20, 2023 | EPO

The case has now been remitted to the ED after it was found by the Board that several substantial procedural violations were committed. Below is our timeline of the examination procedure and it is safe to say that, after considering the facts, we are siding with the...
How Famous Is ‘Famous’? The EUIPO Says Being Lewis Hamilton Is Not Enough!

How Famous Is ‘Famous’? The EUIPO Says Being Lewis Hamilton Is Not Enough!

by Sean Hutchinson | Dec 19, 2023 | Trademarks

Background In mid-2015, the IP company responsible for managing Lewis Hamilton’s IP (which Formula 1 fans will be amused to read is aptly named “44IP Limited”) applied to register “LEWIS HAMILTON” as an EU trade mark. Registration was ultimately allowed for various...
Acceleration of EPO Oppositions – note the recent change in practice!

Acceleration of EPO Oppositions – note the recent change in practice!

by George Schlich | Nov 21, 2023 | EPO

Change in acceleration practice Recent changes to EPO opposition acceleration practice, published earlier this month, further expand the integration of EPO oppositions with post grant actions in court, whether at the Unified Patent Court or in a national court....
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