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IP Cases & Articles
Fast Track UK Trade Mark Opposition Procedure
On 01 October 2013, the UK Intellectual Property Office (UKIPO) launched a new fast track trade mark opposition procedure. The new streamlined procedure, which will run alongside the standard opposition route, has been introduced with a view to making UK oppositions more appealing to prospective opponents, enabling them to be… -
IP Cases & Articles
BEST: New Methods Tagged Onto Definition of Advertising
Following a reference from the Belgian Cour de Cassation, in Belgian Electronic Sorting Technology NV v Bert Peelaers and anor. C-657/11, the Court of Justice of the European Union (CJ) has ruled on the definition of ‘advertising’, within the meaning of the Comparative Advertising Directive 2006/114/EC (CAD). In particular, the… -
IP Cases & Articles
Assos v ASOS - Cycle Clothing Conflict
The English High Court has held that the online fashion designer and retailer ASOS is not liable for infringing the registered trade mark of Assos of Switzerland, the specialist cycling clothing company. -
IP Cases & Articles
gTLDs First Batch Soon to Be Launched
Further to our previous updates on this matter, following years of preparatory work, the Internet Corporation for Assigned Names and Numbers (ICANN) announced on 23 October 2013 that the first new generic Top-Level Domains (gTLDs) from its New gTLD Program are to be introduced in the next few weeks. -
IP Cases & Articles
Rule 164 - EPO Goes Back to the Future on Searching
The European Patent Office (EPO) has announced that it is revising its rules on the searching of Euro-PCT applications which lack unity, essentially returning to their previous practice of allowing the applicant to pay additional search fees. -
IP Cases & Articles
Repeal of Two-Year Rule for Divisional Applications
It has been reported that on 16 October 2013 the EPO Administrative Council agreed to amend Rules 36 and 135 EPC, effectively ending the two-year rule for divisional applications. Amended Rules 36(1) and 135(2) EPC will revert to the previous system of allowing the filing of divisional applications as long… -
IP Cases & Articles
Unified Patent Court - Rules of Procedure Consultation
By the time this newsletter is published, the consultation on the draft Rules of Procedure of the Unified Patents Court (UPC), launched by the Preparatory Committee at the end of May, will have closed. Numerous companies, industry bodies, practitioner and professional organisations, firms and individuals have participated and it will… -
IP Cases & Articles
TRIPs Cant go Back in Time - CJEU Has The Last Word
In a recent decision, the Court of Justice of the European Union (CJEU) has ruled on the applicability of the Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement. While the decision merely confirms the already accepted position for patenting pharmaceutical products, it could have potential significance in opening up a… -
IP Cases & Articles
Post-Published Evidence - Generics v Yeda and Teva
Back in July 2013, the Court of Appeal handed down its decision in Generics [UK] Limited v Yeda Research & Development Co Ltd & Teva Pharmaceuticals Industries Ltd [2013] EWCA Civ 925. This was an important decision for the admissibility of evidence published after the priority date of the patent… -
IP Cases & Articles
UKIPO Halts Proposals for 90 Day Patent
The UK Intellectual Property Office (UKIPO) has decided not to implement the proposed ‘superfast’ patenting service following a consultation process. We reported the proposal for what became known as a ‘90-day patent’ in our August 2013 patent newsletter (article 04, edition no. 36).
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