PGA Newsletter – 11/05/2020

PGA Newsletter – 11/05/2020

by PGA
Parmigiano Reggiano against Campbell’s

The American multinational Campbell’s has accepted the request of the Parmigiano Reggiano Consortium to remove from the packaging of its products any image that could violate the intellectual property of the Italian company. In particular, on the packaging of the “Prego” line of sauces were pictures of cheese with the well-known dots that are impressed on every Parmigiano Reggiano cheese. Among the ingredients, however, there was not the Italian product, but a local imitation of it.
This is not the first battle that the Parmigiano Reggiano Consortium has fought to protect its IP rights. The action against Kraft Foods Group Brands LLC was filed only a few months ago. The multinational company is trying to register the “KRAFT PARMESAN CHEESE” trademark in New Zealand, where the Consortium holds the “Parmigiano Reggiano” trademark. Similar disputes are also pending against Kraft in Australia, Uruguay, Paraguay, Chile, Thailand and Ecuador.

Sky/SkyKick: the ruling of the High Court of Justice

Following the judgement of the Court of Justice of the European Union earlier this year, the case was returned to the English High Court of Justice. The ruling is the first application of the European Court’s decision on the alleged infringement of Sky’s trademarks.
By judgment of April 29, 2020, the English Court ruled that SkyKick had infringed Sky’s trade marks for “e-mail services”.

EPO: new extension of deadlines due to COVID-19

In its Communication of May 1, 2020, the EPO stated that in view of the difficult situation in the Federal Republic of Germany, under Article 134(2) of the EPC, the deadlines expiring on March 15, 2020 or later are extended to June 2, 2020. This extension also applies to applications for international PCTs.

EUIPO: further extension of deadlines due to COVID-19

On April 29, 2020, by Decision No EX-20-4, the Executive Director of the EUIPO further extended all deadlines expiring between May 1, 2020 and May 17, 2020 until May 18, 2020. The Office has therefore prepared an information note containing all clarifications in this respect.

“Cura Italia” law: extended validity of the IP rights

With the conversion of the “Cura Italia” decree into law, the validity of the expiring industrial property rights has been extended. Among the numerous changes made during the conversion is, in fact, the amendment of Article 103 of Decree Law No. 18 of 2020.
In the light of this amendment, the UIBM has indicated that:
“All certificates, attestations, permits, concessions, concessions, authorizations and authorization acts however named, including those relating to industrial property rights, which expire between January 31, 2020 and July 31, 2020, shall remain valid for ninety days after the declaration of cessation of the state of emergency”.
In the case of industrial property rights, at the expiry of this term, it will be the responsibility of the interested party who intends to extend the duration of a title, intervene with payments, in the forms already provided by law, to obtain the maintenance or renewal”.