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IP Cases & Articles
Patenting Plant Innovations at the EPO
In Europe, ‘plant or animal varieties or essentially biological processes for the production of plants or animals’ are excluded from patentability. The Enlarged Board of Appeal decision G1/98 attempted to clarify the distinction between a ‘plant’ and a ‘plant variety’. Plants which are not plant varieties have to date been… -
IP Cases & Articles
CTMs are applications are property to transfer on death
Case T-298/10 Arrieta D Gross v OHIM - Toro Araneda (BIODANZA) -
IP Cases & Articles
London 2012 Olympic Games Branding Regulations
With a little over four months to go before the Games open in London we thought that a quick run through the do’s and don’ts of the regulations protecting the signs associated with the Olympic Games might be useful. -
IP Cases & Articles
Deliberate or subconscious copying for BBC's Kerwhizz
Handing down his judgment on 21 December 2011, His Honour Judge Birss QC (sitting in the Patents County Court) held that the British Broadcasting Corporation (BBC) had not committed an act of copyright infringement in their development of characters featured in the BBC’s animated series, Kerwhizz. -
IP Cases & Articles
When Are Counterfeit Goods Not Counterfeit Goods?
The Court of Justice of the European Union (CJEU) has recently given a preliminary ruling in Joined Cases C-446/09 and C-495/09 Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Company Limited and others and Nokia Corporation v Her Majesty’s Commissioners of Revenue and Customs, INTA intervening. -
IP Cases & Articles
Parallel Imports and Repackaging: Comply with Notice
In this decision, His Honour Judge Birss QC, sitting in the Patents County Court, considered the key principles governing accounts of profits in the context of a parallel-import repackaging dispute. -
IP Cases & Articles
Taking Unfair Advantage of Reputation of Viagra
According to the General Court of the European Union, the sign VIAGUARA cannot be registered as a Community trade mark for drinks. The Court has ruled that use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA, owned by… -
IP Cases & Articles
Likelihood of Confusion between Servo Suo and Servus
On 29 February 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between Azienda Agricola Colsaliz di Faganello Antionio (Colsaliz)’s Community trade mark (CTM) application for ‘SERVO SUO’ (the sign) and a number of earlier registrations, including a… -
IP Cases & Articles
Certmedica International and Lehning Enterprise v OHIM
In invalidity proceedings, the General Court of the European Union (the Court) has today agreed with the decision of the OHIM Board of Appeal (the Board) that there is a likelihood of confusion between a Community trade mark registration for the mark ‘L112’ in classes 5 and 29 owned by… -
IP Cases & Articles
GC Rules BIGAB Mark Not Registered in Bad Faith
Case T-33/11, Peeters Landbouwmachines v OHIM – AS Fors MW, General Court, 14 February 2012
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