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Sep 03, 2013
Elisabeth Burst, Inlex IP Expertise, France
Camille Draber, Inlex IP Expertise, France

IP TRANSLATOR: the new very bad trip


Elisabeth Burst, Inlex IP Expertise, France, Camille Draber, Inlex IP Expertise, FranceThe IP TRANSLATOR decision (hereafter "the IPT decision") has highlighted the duality and problems associated with the coexistence of national trademarks and practices on the one hand, and Community trademarks and practices on the other hand. Considering the OHIM's mandate - which is to harmonise the internal market - and that the OHIM is not a supranational office, the decision has shown the significant limitations that exist when it comes to harmonising law throughout Europe. This being said, and nearly a year after the IPT decision was taken, what is the current situation? And what are the impacts and changes in today's practice?
The IPT decision concerns the definition and contents of the general class headings, i.e.: should we apply a "literal" interpretation (whereby the class heading would include all products and services that  read more