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IP Cases & Articles
Rubik's Cube is a valid shape trade mark
The General Court (GC) has recently rejected an application for a declaration of invalidity brought by Simba Toys GmbH & Co KG (Simba) against a 3D trade mark registration for the shape of a Rubik's Cube. -
IP Cases & Articles
GC puts fizz back into font fight: Coca-Cola v Mitico
Coca-Cola's opposition against Mitico's Master mark has shown that an opponent may be able to rely on evidence of how the applicant is using the opposed mark in practice, to support the allegation that unfair advantage is being taken. -
IP Cases & Articles
Second medical use and skinny label claims in the UK
In our most recent patent newsletter, we reported the decision of Mr Justice Arnold in Warner–Lambert Company, LLC v Actavis, handed down on 21 January, 2015 in which he dismissed an application for an interim injunction under a second medial patent for Pregabalin. -
IP Cases & Articles
US & Japan join Hague international registered designs
Centralised filing of international registered design applications under the Hague Agreement Concerning the International Registration of Industrial Designs (the 'Hague Agreement') will take a major step forwards on 13 May 2015 when the US and Japan join the system. -
IP Cases & Articles
UK Supreme Court - Magmatic v PMS
Registered design litigation rarely reaches the UK Supreme Court, but Magmatic, the manufacturer of the famous "Trunki" ride-on suitcase, has been granted permission to take its litigation all the way to the Supreme Court in order to resolve a legal issue relating to the scope of protection in the UK… -
IP Cases & Articles
Worldwide patent data analysis - IP5 statistics report
You may not be aware of the IP5 offices, but given the context of this newsletter you will not be surprised that the "IP" indicates "intellectual property". The "5" offices were originally three in 1983: Europe, Japan and the US, then four in 2008 with the inclusion of Korea, and… -
IP Cases & Articles
IP protection for invasive technology innovation
The expansion of the wearable technology sector has been meteoric. In 2010, the sector was worth around $6 million, whilst it is estimated that by 2018 the sector will be worth over $12 billion. This 2000-fold increase in value over just eight years shows that many technological companies are investing… -
IP Cases & Articles
Signs of divergence in Europe for skinny labels
The recent High Court judgment in Warner Lambert v Actavis & others provides a first decision in the UK concerning the infringement of Swiss form second medical use claims. This sentence needs to be well-qualified as Justice Arnold himself did with the judgment, in that his decision is possibly applicable… -
IP Cases & Articles
CJ definition of human embryo: ISCC parthenote case
In continuation of our articles concerning the patenting of stem cells, we report here on the recent ruling by the Court of Justice of the European Union (CJ) (Case C-364/13) regarding whether human parthenotes fall under the definition of a human embryo under the Biotechnology Directive 98/44. -
IP Cases & Articles
Nagoya Protocol - Implementation in the European Union
The Nagoya Protocol entered into force on 12 October 2014 and aims to implement the third objective of the Convention on Biological Diversity (CBD), namely the fair and equitable sharing of benefits arising out of the utilisation of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity.
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