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<pubDate>Sun, 19 May 2013 07:35:41 +0100</pubDate>
<title>D Young &amp; Co | Articles &amp; Updates RSS</title>
<link>http://www.dyoung.com/articles</link>
<description>Latest Articles &amp; Updates from D Young &amp; Co</description>
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<title>The Unitary Patent and the Unified Patent Court in Europe</title>
<link>http://www.dyoung.com/article-upupc0513</link>
<pubDate>Tue, 07 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/article-upupc0513</guid>
<description><![CDATA[ The proposed unitary patent (UP) and the Unified Patent Court (UPC) will bring the biggest change in the patent landscape Europe has seen since at least 1978.  Here we summarise the proposals and provide guidance on possible filing strategies. The proposals to create a new 'unitary' patent system throughout most of the EU have been signed by the intended participating countries, but still need to be ratified by the national governments. There remains a considerable amount of detail (especially... ]]></description>
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<title>Interpretation of the IP Translator Judgment</title>
<link>http://www.dyoung.com/ipcases-iptranslator0513</link>
<pubDate>Thu, 02 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-iptranslator0513</guid>
<description><![CDATA[ OHIM and the national EU Offices have published a statement on their websites concerning the interpretation of the IP Translator case on class headings.   OHIM comments on its website that:  ''Following the publication of the IP Translator judgment in June 2012, OHIM and the National IP offices of the EU have been discussing the interpretation of the Nice class headings in various meetings. As a first result of those discussions, the National Offices and OHIM have today published on their... ]]></description>
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<title>Trade Marks and the EU Is it Time for Change? The European Commission Certainly Thinks so</title>
<link>http://www.dyoung.com/ipcases-europeancommission0513</link>
<pubDate>Thu, 02 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-europeancommission0513</guid>
<description><![CDATA[ Since the introduction of the Community Trade Mark (CTM) nearly 2 decades ago, the law and practice governing CTMs and the harmonisation of national laws has been fairly static.  Following the recent study undertaken by the Max Planck Institute, this may all be about to change.  In its press release of 27 March 2013, the European Commission set out its proposals for reform of the CTM system, arguing that change is essential because the current system is outdated, the legislation (eg, the Trade... ]]></description>
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<title>A&E Television Networks LLC v Discovery Communications Europe Limited</title>
<link>http://www.dyoung.com/ipcases-aetelevisionnetworksllcvdiscoverycommunicationseuropelimited0513</link>
<pubDate>Thu, 02 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-aetelevisionnetworksllcvdiscoverycommunicationseuropelimited0513</guid>
<description><![CDATA[ This case involves a trade mark and passing off dispute between rival television documentary channels and highlights the difficulty of enforcing what may potentially be viewed as descriptive words. Of particular note are the Court's comments on the probative value of witness evidence gathered from questionnaires. The claimants, A&amp;E Television Networks, a Delaware corporation and its British subsidiary (AETN), operate cable and satellite television channels under the name HISTORY (previously... ]]></description>
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<title>English High Court Allows ‘Use of Own Name’ Defence - Stichting BDO &amp; Others v BDO Unibank Inc &amp; Others</title>
<link>http://www.dyoung.com/ipcases-bdo0513</link>
<pubDate>Thu, 02 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-bdo0513</guid>
<description><![CDATA[ The Claimants are part of a network of accountancy and professional services firms who trade under the name 'BDO'. The First Claimant is the proprietor of Community Trade Mark No. 2 419 778 for the letter combination BDO, registered in respect of a variety of goods and services in classes 9, 16, 35, 36, 41 and 42, which it licenses to other members of the Claimants' group. The First Defendant ('Unibank') is the leading bank in the Philippines which, although it does not trade directly in the... ]]></description>
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<title>Trademark Clearinghouse Protection for Trade Mark Holders</title>
<link>http://www.dyoung.com/ipcases-trademarkclearinghouse0513</link>
<pubDate>Thu, 02 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-trademarkclearinghouse0513</guid>
<description><![CDATA[ On 26 March 2013, the Internet Corporation for Assigned Names and Numbers (ICANN) launched the Trademark Clearinghouse (TMCH). It is envisaged that the Trademark Clearinghouse will provide a database for individuals and businesses to register their brands, ahead of the release of around 2,000 generic top-level domains ('gTLDs'), eg, '.news', later this year. The TMCH will primarily serve two functions:  The 'Sunrise' registration service, which allows members of the Trademark Clearinghouse to... ]]></description>
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<title>High Court Retains Composure for Composite Mark Assessment - Aveda Corporation v Dabur India Ltd</title>
<link>http://www.dyoung.com/ipcases-avedacorporationvdaburindialtd0513</link>
<pubDate>Thu, 02 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-avedacorporationvdaburindialtd0513</guid>
<description><![CDATA[ The English High Court has extended the protection potentially available to brands owners to include instances where marks similar to their own are used as part of a more complex composite sign. By its decision in Medion v Thomson (Case No. C-120/04), the CJEU had previously acknowledged that an earlier identical mark used by a third party in a composite mark could result in a likelihood of confusion if that earlier mark had an independent distinctive role (without necessarily constituting the... ]]></description>
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<title>Copyright Law Reforms </title>
<link>http://www.dyoung.com/ipcases-copyrightlawreforms0513</link>
<pubDate>Wed, 01 May 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-copyrightlawreforms0513</guid>
<description><![CDATA[ The Enterprise and Regulatory Reform Bill received Royal Assent on 29 April 2013 ("the Act"), which (despite its name) paves the way for reforms of the UK's copyright law. Commercially, perhaps the most interesting change is the repeal of s.52 Copyright, Designs and Patents Act 1988 ("CDPA") therefore providing an extended term of protection of life plus 70 years for creative designs manufactured through an industrial process. Previously s.52 CDPA limited copyright protection in artistic works... ]]></description>
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<title>Social Media Usernames and Brand Protection Strategies</title>
<link>http://www.dyoung.com/ipcases-socialmedia0413</link>
<pubDate>Tue, 23 Apr 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-socialmedia0413</guid>
<description><![CDATA[ More and more frequently, people are utilising social media not just as a way of connecting with others and socialising online but also to interact with brands. Many well-known brands are now found online, particularly by younger consumers, simply by searching on popular social media websites such as Facebook or Twitter. It is now a well-established practice for many brand owners to secure registered trade mark protection, at least in their key territories. Indeed, it has also become standard... ]]></description>
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<title>EPO revokes patent in the "Brüstle" case</title>
<link>http://www.dyoung.com/ipcases-brustlecase0413</link>
<pubDate>Wed, 17 Apr 2013 00:00:00 +0100</pubDate>
<guid>http://www.dyoung.com/ipcases-brustlecase0413</guid>
<description><![CDATA[ In October 2011, The Court of Justice of the European Union (CJEU) issued its decision in Br&uuml;stle v Greenpeace (C-34/10), which relates to the patentability of technology based on the use of human embryonic stem cells (hESC). The case related to a German patent granted to neuroscientist Oliver Br&uuml;stle in 1999, for a method of turning mammalian ES cells into neurons. Greenpeace filed a nullity action in the Federal Patent Court, arguing that claims to neural precursor cells derived... ]]></description>
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