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Added matter as a ground for revocation of a patent
Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. This ground for revocation, which has not been explored a great deal in the past, has been […]
Russia takes over Champagne and Cognac: Has intellectual property become a geopolitical battlefield?
New Russian legislation on geographical indications forces importers of Champagne to relabel their products as “sparkling wine”. Few people are aware that the growing confrontation between Russia and the West actually started in connection with intellectual property back in July 2021. It was on that date that two amendments were made to the Federal Law […]
Kerry versus Kerry: coexistence or likelihood of confusion between trademarks
Although trademarks may well coexist peacefully in some markets it is not always the case in other countries where their origin is less well known. This is illustrated by a recent dispute heard by the Supreme Court between two trademarks for butter and margarine from county Kerry in Ireland. The two trademarks, Kerrygold and Kerrymaid, […]
Compliment or intrusion: Can my image be used (as an accessory) in a news item or documentary?
At a time when videos and images are everywhere, we reflect on the so-called “images as accessories”: shots of anonymous individuals that are used to illustrate news articles or to put together documentaries and non-fiction programs. The consent of the person shown is not required to use these images (often taken from archives) when such […]
I was already like this before you got here: prior use as an exception to patent infringement
The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. To qualify for the “prior use” exception, the third party must have acted in good faith and the preparation acts carried out before the priority […]
Portugal strengthens copyright protection on the Internet
The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet. However, at times, excessive intervention can have a negative impact on users’ freedom of expression and information, since […]