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IP Cases & Articles
Samsung v Apple - US design patents
The US Supreme Court rarely considers the law relating to US registered designs (or 'design patents' in US terminology), but it has recently done so, and on 06 December 2016 it issued a decision which restores an element of common sense to how to decide the quantum of damages to… -
IP Cases & Articles
Declarations to address divisional applications
Divisional applications can pose a significant problem to a party that wishes to clear its path to market. This article looks at the case of Arrow Generic Limited V Merck & Co Inc as an example. -
IP Cases & Articles
SPC combination products - Teva v Gilead Sciences
To be eligible for a Supplementary Protection Certificate (SPC) a product must be protected by a basic patent in force (Article 3(a) of the SPC Regulation). Despite numerous previous referrals to the Court of Justice of the European Union (CJEU), national courts continue to face difficulties in determining when this… -
IP Cases & Articles
EPO appeals - admission of late-filed documents
In the recent decision T971/11, a European Patent Office (EPO) Appeal Board held that it does have the discretion to admit a late-filed document even though the Opposition Division had exercised its discretion not to admit the document. -
IP Cases & Articles
Cambodia to recognise European patents
Cambodia has signed an agreement to allow the validation of European patents in its territory. The agreement means a single European patent application can grant protection in up to 43 European and non-European countries. -
IP Cases & Articles
Infringement of EUTMs: issues of jurisdiction and the geographical scope of injunctions
In this article we review two recent decisions which consider the jurisdiction of national courts over infringement of European Union Trade Marks (EUTM(s)) and the geographical scope of injunctions to be granted in cases of infringement of an EUTM. -
IP Cases & Articles
IPEC considers passing off based on get-up: TALA cups
This case provides a very useful overview of the tricky area of passing off based on get-up; an issue which has always sat rather uncomfortably with public perception. -
IP Cases & Articles
Third party liability for unauthorised sale of goods
The Court of Appeal has confirmed that third parties (including companies) can be liable for prosecution if they sell, offer for sale, distribute or possess with a view to distribute, 'grey market goods', that is goods bearing a trade mark, where a trade mark proprietor has given consent to have… -
IP Cases & Articles
No go for Nero logo: GC rejects Caff Nero appeal
In two related decisions, the EU General Court (GC) has rejected two applications by Caffè Nero Group Ltd to register the name Caffè Nero and its company logo. -
IP Cases & Articles
Problem child: CJEU dismisses BAMBINO LK appeal
The Court of Justice of the European Union (CJEU) has rejected an appeal against the General Court's (GC) decision refusing to register the applicant's figurative mark BAMBINO LÜK as an EU trade mark (EUTM) for various goods due to likelihood of confusion with an earlier BAMBINO figurative mark, despite the…
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