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IP Cases & Articles
G 3/19: plants produced by essentially biological processes not patentable
The Enlarged Board of Appeal has recently handed down its highly anticipated decision regarding the allowability of product and product-by-process claims in which the product is exclusively obtained by an essentially biological process. -
Newsletter
Trade Mark Newsletter No.110
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IP Cases & Articles
IP & Brexit: designs - time to start planning!
There are now less than eight months to go until the end of the current Brexit transition period – which is currently set to terminate on 31 December 2020. This date has important ramifications for all users of the registered Community design (RCD) system, and in particular those that currently… -
IP Cases & Articles
Patentability of Covid-19 smartphone apps at the EPO
The new coronavirus (Covid-19) pandemic has caused immense suffering and has led to restrictions on modern life not seen since wartime. In several countries including the UK, part of the plan to tackle Covid-19 involves a smartphone app to help track people at risk of contracting the disease. -
IP Cases & Articles
Sky v SkyKick UK High Court decision
Sky had sued SkyKick for trade mark infringement relying on a number of registrations with specifications covering goods as broad as “computer software” and services as broad as “telecommunications services”. SkyKick had claimed that those registrations were wholly or partially invalid on the basis that a) the goods/services lacked clarity… -
IP Cases & Articles
Supporting Covid-19 innovation: WIPO’s new search facility for PATENTSCOPE
The World Intellectual Property Organization (WIPO) has launched a new search facility within its global patent database PATENTSCOPE which will help in the identification and retrieval of patent information relating to Covid-19 and enhance innovation efforts in the new coronavirus (Covid-19) field. -
IP Cases & Articles
Unfair advantage? Burlington Arcade successful at CJEU
The Court of Justice of the EU (CJEU) has recently overturned a decision of the General Court and rejected various applications for marks incorporating the word BURLINGTON, on the basis of oppositions brought by the owners of the Burlington Arcade, the high-class arcade in Piccadilly, London. -
IP Cases & Articles
NOKIA v Kokiya: the letters of the law
The applicant, Shenzhen Road Zhengtong Trading Co. Ltd., filed to register an EU trade mark (EUTM) for the figurative mark, shown below, consisting of the word element “Kokiya” and a figurative element depicting a feminine silhouette. The application covers various goods in class 9, including “cell phones”. Nokia Corporation filed… -
IP Cases & Articles
Grand Board dismisses Gleissner appeal: cancellation proceedings an abuse of process
Fashion TV filed revocation proceedings against a European Trade Mark (EUTM) owned by a Peek & Cloppenburg company on the grounds of non-use. -
IP Cases & Articles
Sound advice required: revived audio brand has trade marks revoked
In a case that presents a warning to anyone considering resurrecting a “dead” brand, the UK High Court in Aiwa Co. Ltd v Aiwa Corporation [2019] EWHC 3468 (Ch), on appeal from the UKIPO, held that the sale of second-hand goods was not sufficient to fulfil criteria of “genuine use…
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