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IP Cases & Articles
EPO fee changes April 2018
In December 2017 we reported that the European Patent Office (EPO) was proposing some changes in certain fees. The EPO has now confirmed the fee changes that are to be implemented from 01 April 2018. The changes relate to the fees charged in the international phase where the EPO is… -
Newsletter
Patent Newsletter No.63
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IP Cases & Articles
EU SPCs: the question of valid marketing authorisation
There are a number of requirements which must be met in order to be granted a supplementary protection certificate (SPC) in a member state of the EU. One of these requirements is that, in the member state in which the application is made and at the date of that application,… -
IP Cases & Articles
Unified Patent Court Immunities and Privileges Order 2018
Following the UK Privy Council’s approval of the Unified Patent Court (Immunities and Privileges) Order 2018, the UK is now in a position to ratify the Unified Patent Court Agreement and the Protocol on Privileges and Immunities. -
IP Cases & Articles
R 0008/16: Procedural Issues before the EPO
R 0008/16 Laying Head with a Vibration Damping Device reminds those practising before the European Patent Office that, if there is a fundamental procedural defect during opposition proceedings, a formal protest should be made which is recorded in the minutes of any hearing. -
IP Cases & Articles
LOreal v RN Ventures: Shorter Trials Scheme
In L’Oreal v RN Ventures, the England and Wales High Court (Patents Court) has found L’Oreal’s patent and one of its registered designs for an electronic skin care device, designed to remove sebum plugs from skin pores for the treatment of acne, to be valid and infringed. -
IP Cases & Articles
Sky v Skykick: clarity and bad faith in trade marks
Is an EU or national trade mark invalid because the relevant parts of the specification lack clarity? Does a trade mark owner act in bad faith if they apply for a mark in relation to goods and services for which they had no intention to use the marks for those… -
IP Cases & Articles
Easygroup v Easy Rent A Car
Navigating the Recast Brussels Regulation (which regulates the jurisdiction of European Union member state courts) can be fraught with issues. In Easygroup v Easy Rent A Car, the English High Court has offered some guidance on the application of Articles 29 and 30. -
IP Cases & Articles
European Commission counterfeit and piracy watch-list consultation
The European Commission has launched a public consultation on a “Counterfeit and Piracy Watch-List”. This will identify and describe the most problematic marketplaces outside the European Union, with a focus on online marketplaces. The aim is to encourage operators and local authorities to take the necessary actions to reduce intellectual… -
IP Cases & Articles
Supplementary Protection Certificate: Sandoz v GD Searle
In the EU, a Supplementary Protection Certificate is available if, among other things, the product in question is protected by a “basic patent in force”. In Eli Lilly v Human Genome Sciences, the Court of Justice of the European Union held that to be protected by the “basic patent”, the…
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