European Union: Licensing & Syndication

The Munich Local Division of the Unified Patent Court issued two significant decisions addressing patent exhaustion and FRAND licensing in standard-essential patent disputes. These rulings clarify when upstream licenses to software suppliers exhaust patent rights for downstream products and establish important precedents for SEP enforcement in the telecommunications industry.

Artificial intelligence has revolutionized brand creation, enabling businesses to generate names, logos, and slogans within minutes. However, speed and convenience don't guarantee legal protection, raising critical questions about trademark ownership, registration eligibility, and the protection of AI-generated brands in an era where technology outpaces traditional intellectual property frameworks.

When a patent owner grants an exclusive license, does it automatically lose the right to sue infringers? The Federal Circuit addressed this critical question in two parallel cases, examining what retained rights are necessary to preserve constitutional standing. The court's analysis reveals how specific contractual provisions—including sublicense approval authority, royalty rights, and enforcement participation—can determine whether a patent owner maintains a meaningful legal stake in its patent

The sports industry is experiencing a significant surge in intellectual property rights applications, reflecting growing commercial interests and innovation in athletic products, services, and branding. This trend highlights the increasing importance of IP protection strategies for sports organizations, equipment manufacturers, and related businesses seeking to safeguard their competitive advantages. Understanding these filing patterns provides valuable insights into market dynamics and emerging opportuniti

On 11 November 2025, the Regional Court of Munich I ruled that OpenAI’s language models unlawfully used song lyrics by nine German authors. GEMA, acting as the collecting society, claimed that OpenAI’s models had memorised and reproduced copyrighted lyrics without permission. Comparable collecting societies across Scandinavia – such as KODA (Denmark) play similar roles in protecting authors’ rights and are closely watching this development.

Novagraaf positions itself as a comprehensive partner for intellectual property strategy, protection, and defense. The firm offers expert guidance through monthly newsletters, webinars, and exclusive content to help clients navigate the complexities of IP management and enforcement.

The European Commission issued an informal guidance letter to the Automotive Licensing Negotiation Group (ALNG), marking the first application of the Informal Guidance Notice...

The European Commission has issued its first-ever informal approvals of two separate sustainability initiatives among rivals under its revised Informal Guidance Notice and provided guidance on how the companies...

The past few years' rapid increase in the importance of software, data, and AI to drive new products and service offerings has brought a new set of IP challenges for many industrial companies.