Wimbledon,pharma&trademarks and everybody wants to hear from you!

Submitted by leslynowak on Tue, 07/23/2019 - 08:55

Happy Tuesday!

As vacation time is drawing closer, we will do our best to deliver last week’s news in the sweetest way possible.

Wimbledon vs. BeoutQ

As a sport enthusiast you might be aware that some channels own the broadcasting rights of certain events. Broadcaster’s rights have been recognized under the Rome Convention and, as a high source of income, are an exclusive IP right. Well, Wimbledon organizers have condemned piracy from the part of BeoutQ, a Saudi Arabian broadcast network. Apparently, BeoutQ has been offering access to the exclusive rights of the Wimbledon broadcast partners (BBC, Canal+ and others). BeoutQ already had the same issues in the past with other sport bodies (FIFA, UEFA) and broadcasters (Sky and the BBC). Let’s see how this unfold…

Trademarks and clinical trials

For those of you belonging to the pharmaceutical sector, you might be interested in the recent judgment by the Court of Justice of the European Union (“CJEU”). As you all know, developing a new medicinal product is a complex process and more often than not, marketing authorizations have different timelines according to jurisdictions. The case at issue followed a decision of the General Court confirming the decision of the EUIPO to revoke a Trademark owned by a pharmaceutical company due to lack of use: Trademark owners have, indeed, five years to use their newly acquired Trademark in a “genuine manner”. You see where we are going? Here the conclusions you can withdraw from the judgment:

  • Clinical trials cannot be regarded as preparatory activities in view of commercialisation (therefore, this is not a genuine use).
  • When could you appeal to clinical trials to justify not using your Trademark?:
    • When the time spent in clinical trials was “objectively needed
    • When the duration of the trial was unnecessarily long due to factors that were NOT under the applicant’s control

So many ethereal concepts, right? If it helps you somehow understand the CJEU considered here that:

  • When filing its Trademark application, the applicant should have known that there was no certainty as to when the actual commercialization of the products would have started.
  • Here, the Court considered that the difficulties faced by the applicant were due to its lack of investment.
  • Finally, the 3 year delay between the Trademark application and the regulatory application is not justified.

What does this mean? Be cautious when building your commercialization strategy, more so in the pharmaceutical sector. Evaluate your own product and the length of the required clinical trials. Based on that evaluate the expected duration to obtain the marketing authorization for each territory. And only then start planning your Trademark application strategy.

Horizon Europe, have your say!

What will be, in your opinion, the most important challenges that the EU scientific community will have to face in the coming years? The Commission wants to hear from its stakeholders! As you now, the Commission is preparing the implementation of Horizon Europe (2021-2027) and its seeking to receive input regarding the most important questions that should be addressed and financed through this initiative. Grab the opportunity and speak your mind! (or be quiet forever)

UKIPO also wants to hear from you!

For our colleagues from Great Britain, the UK Intellectual Property Office is looking to hear from you! One of the main goal for the next five year’s strategy “IP Enforcement 2020”, the Government wants to ensure availability and access to appropriate dispute resolution mechanism in case of infringement to all right holders and businesses. In your view:

  • What are the main issues you face when protecting your IP rights?
  • What issues have you experienced when enforcing your IP rights?

You can find all the information, as well as requirements, here.

Fun facts

  • Have you used FaceApp? If so have you carefully read the terms of service? You might be surprised to hear that you are granting them a “perpetual, irrevocable, nonexclusive, royalty-free, worldwide license … to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content and any name, username or likeness provided in connection with your User Content”. Did that caught your attention? More here: http://www.thefashionlaw.com/home/surprise-the-viral-russian-hosted-faceapp-has-some-questionable-terms-of-service

This is all for today! See you in September and have a great summer!

"News" by Gerard Stolk ( vers la Pâques ) is licensed under CC BY-NC 2.0