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First UPC Decision Dealing with Infringement of Second Medial Use Claims

In a recent decision of Düsseldorf Local Division (UPC) in the case UPC_CFI_505/2024, both the revocation and infringement actions have been dismissed. This case raises important methodologies and perspectives regarding how to handle infringement of second medical use claims where allegedly infringing product is launched with a therapeutical indication (Section 4.1 of SmPC) not falling...

Evaluating Goods and Services Similarity in Trademark Disputes

Article 6/1 of the Industrial Property Law No. 6769 stipulates that a subsequent trademark application that is identical or similar to a registered trademark or a trademark application, and that covers identical or similar goods or services, must be refused if it gives rise to a likelihood of confusion among the public. Within this framework,...

Skinny Labeling may Still Cause an Infringement – Decision of the US Court of Appeals

Federal Circuit Revives Amarin’s Induced Infringement Case Against Hikma Over Vascepa® Generic* In a significant decision for pharmaceutical patent litigation, the U.S. Court of Appeals for the Federal Circuit has reinstated Amarin Pharma’s lawsuit against Hikma Pharmaceuticals. The court found that Amarin had plausibly alleged Hikma’s conduct induced infringement of patents tied to the cardiovascular...

New Fee Regime of the EPO

  EPO has changed its fee strategy and started to apply fee reductions as of 01.04.2024.   By decision of the Administrative Council of the European Patent Organisation dated 14 December 2023 (CA/ D 16/23), the EPO introduced a new fee scheme and new rules pertaining to fee reductions for certain applicants. New changes can be...

Updated Official Fees of the Turkish Patent & Trademark Office

TURKPATENT has officially announced new official fees that entered into force as of 1st January, 2025.  Turkish PTO updates the official fees generally on 1st January of each year. Renewal fees falling due after 1st January cannot be paid in the previous year. The official fees consist of the institutional fees of TURKPATENT in addition...

Exhaustion of IP Rights

Exhaustion of the IP related rights is an important legal term that determines freedom of “parallel import” to a particular territory or jurisdiction. In this case the goods imported to such territory originate from the right holder and are not counterfeit, but the right holder wouldn’t have a consent to move products where they are...

AMAZON Decision of the UK Supreme Court: The Limits of the Principle of Territoriality of the Trademark

UK Supreme Court Rules Against Amazon in Landmark Trademark Infringement Case In today’s globalized digital economy, Amazon operates as an e-commerce giant, offering a vast range of products and marketing services across borders with few geographical limitations. However, this global reach has also led to legal challenges—particularly in the realm of trademark infringement. In a...

Digital Transformation in Plant Breeders’ Rights: UPOV PRISMA

Agricultural innovation and plant breeding are key activities for meeting nutritional needs of World’s population, and for providing improved industrial plants as well as ornamentals. In parallel, protecting the hard work and investments made in these areas has become equally important. In Türkiye, the legislation on this protection is as follows; first of all, the UPOV...

EPO Abolishes Fax Filing

The EPO has announced in OJ EPO 2024, A41 that filing patent applications and other documents by facsimile shall be abolished as of 1 July, 2024. Any transmission of a patent application or other document by fax to the European Patent Office as of the above date shall be deemed not to have been received....

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