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IP Cases & Articles
Extended Passing Off - FAGE UK v Chobani
The High Court has allowed a claim for extended passing off brought by FAGE UK Limited and another (FAGE), the makers of "Total Greek Yoghurt", against Chobani UK Ltd and another (Chobani), the manufactures of yoghurt which is produced in the US, but sold in the UK as Greek yoghurt. -
IP Cases & Articles
Composite Marks - Colloseum v Levi Strauss
This case concerns the question as to whether use of a trade mark would be considered genuine and sufficient to maintain a registration of that mark if the mark was only used with another mark, where the first mark is registered alone and separately, in combination with the second mark. -
IP Cases & Articles
USPTO Patents for Humanity Winners Announced
In April 2012 we reported on the US Patent and Trademark Office’s (USPTO’s) competition ‘Patents for Humanity’. -
IP Cases & Articles
The Patentability of Gene Sequences in the USA
In the much awaited Myriad decision (Association for Molecular Pathology v Myriad Genetics Inc 12-398) on the patentability of gene sequences, the US Supreme Court unanimously held that a naturally occurring DNA segment is a 'product of nature' and is not patentable subject matter merely because it has been isolated.… -
IP Cases & Articles
Proposed Modernisation of the UK IP System
The UK government has announced an intellectual property Bill which aims to modernise the IP system in the UK so that it “operates more efficiently, is clearer and is more accessible”. -
IP Cases & Articles
Stem Cell patent news: Brstle Patent and Parthenotes
As previously reported in this newsletter (1), the question of the patentability of technology based on the use of human embryonic stem cells (hESC) was considered in the Court of Justice of the European Union (CJEU) referral Brüstle v Greenpeace (C-34/10) in October 2011. The CJEU referral related to a… -
IP Cases & Articles
Patenting in India: Novartis Loses Glivec Patent Battle
The Supreme Court of India recently rejected Novartis AG’s attempt to win patent protection for an updated version of its cancer drug Glivec. This landmark judgment has been roundly criticized by pharmaceutical companies but praised by public health activists, who said it would protect India’s ability to make inexpensive generics… -
IP Cases & Articles
Patent Protection in the Middle East - An Introduction
Much of the tremendous growth and development of countries in the Middle East over the past 30 years or so has traditionally come from oil and gas revenues, particularly in those countries surrounding the Gulf region. However, there has been increasing focus on investment in technology as the Gulf states… -
IP Cases & Articles
Apple v HTC Exclusion of Computer Programs as Such
Although the ongoing battle between Apple v Samsung has taken centre stage in the smartphone wars, one other skirmish in the UK involved Apple and a different opponent - the Taiwanese company HTC. Peace broke out in this skirmish at the end of 2012. However, recently, the Court of Appeal… -
IP Cases & Articles
Hurrah for Chez Gerrard - Right Evidence at Right Time
The General Court (GC) has confirmed that when objecting to a Community trade mark (CTM) application, an opponent needs to plead their case with care and file appropriate evidence at the correct time – particularly when relying on an aspect of a member state's national law (as opposed to European…
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