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IP Cases & Articles
Samsung v Apple: not as cool but (still) not infringing
Following our July article, ‘Not As Cool, But Not Infringing’ (see link, right), where we reported the decision of the UK High Court in the on-going dispute between electronics giants Apple and Samsung (relating to the interpretation of Apple’s Registered Community Design), we now update you with the latest instalment… -
IP Cases & Articles
Research Exemption for Patent Infringement
The UK IPO has just announced a consultation on whether to put in place legislation to extend (or even increase) the clinical trials exemption (the 'Bolar' exemption) that already exists for generic medicines to innovative medicines as well. -
IP Cases & Articles
Online terms and conditions: time for a health check?
The UK Office of Fair Trading (OFT) issued a press release on the 12th October 2012 indicating that many of the top online retailers need to change certain terms and conditions on their websites in order to comply with the UK's Distance Selling Regulations and the E-Commerce Regulations. As part… -
IP Cases & Articles
PCT Applications - Filing Third Party Observations
The international patent application system administered by the World Intellectual Property Organization (WIPO) allows an applicant to file an international application (also referred to as a PCT application) which is maintained as a single application during the so-called ‘international phase’. At the end of the international phase, the applicant can… -
IP Cases & Articles
Navigating the EPOs Updated Guidelines for Examination
The European Patent Office (EPO) has issued a new version of its guidelines for examination, which provide guidance for examiners and applicants on European patent law and procedure. Some notable changes are discussed in this article. Guideline references of the form A-IV, 2 refer to Chapter A, part IV, section… -
IP Cases & Articles
EPO Case Law - Ignoring it is a Procedural Violation
At the European Patent Office (EPO), it is almost always the case that the search, examining and opposition divisions will, when making decisions, follow the case law of the Board of Appeal when considering how the EPC ought to be applied. However, a decision of a Board of Appeal is… -
IP Cases & Articles
Computing: Patentable Subject Matter
The influence of the Internet in directing the knowledge and opinion of software engineers with regard to the patenting of computer programs is significant. Much of the material on the Internet on this topic relates particularly to the US patent system, which differs from that in Europe with regard to… -
IP Cases & Articles
EMI v Sky: A Balance of Convenience
On 25 June 2012, Mr John Baldwin QC (sitting as Deputy Judge of the Chancery Division) handed down his judgment following a hearing between the EMI (IP) Ltd and others v British Sky Broadcasting Group plc and another [2012] EWHC 1644 (Ch). -
IP Cases & Articles
Fruit of the Loom Inc v OHIM (T-514/10)
This case concerned whether use of the composite mark, FRUIT OF THE LOOM was sufficient to save a registration for FRUIT alone from a challenge on the ground of non-use. This is an interesting question and notwithstanding the supposed harmonised laws within the EU, views differ from country to country… -
IP Cases & Articles
SEVEN SUMMITS: Sport Eybl & Sports Experts GmbH
This case is an appeal to the General Court from Sport Eybl & Sports Experts GmbH (‘Sports’) following the refusal of their trade mark application for SEVEN SUMMITS (Device) for goods in Class 18 based on an earlier trade mark owned by Seven SpA for the trade mark SEVEN (stylised)…
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