2023 in review: notable IP moments in the EU
This year we have witnessed several key developments in European Union (EU) intellectual property law.
The long-awaited Unified Patent Court (UPC) has been holding hearings since June 2023, transforming the landscape for pan-European disputes.
The adoption of the Digital Services Act (DSA), which aims to update regulation of online intermediary services such as marketplaces, social media and search engines, has also been followed closely by IP practitioners and businesses alike, as most of its provisions will apply from February 2024.
Several actions are already pending before the EU General Court and Court of Justice of the European Union (CJEU) regarding the DSA’s scope and applicability, and best practices of online business in the EU, have already started to evolve to fit this new tightened framework.
A new regulation on geographical indications (GI) was adopted in October, extending their protection, until then reserved for agricultural products (such as wines and cheeses), to craft and industrial products (such as glass, textiles or pottery) at the EU level.
And trademarks have not been spared from evolving trends, as some of the most significant decisions over the past year demonstrate.
Absolute grounds
European courts have rendered several noteworthy decisions on absolute grounds over the past year. Some applicants were successful:
