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IP Cases & Articles
Referral to the Enlarged Board of Appeal for T445/08
Four Questions Regarding the Correction of an Appellant’s Name. -
IP Cases & Articles
Pollo Tropical CTM Not Applied For in Bad Faith
On 1 February 2012, the General Court held that the Community trade mark (CTM) ‘Pollo Tropical CHICKEN ON THE GRILL’ (the mark), as registered by Mr Giulio Gambettola (the intervener), had not been applied for in bad faith. -
IP Cases & Articles
Validation of European Patents - Selection Strategies
The year 2011 saw a number of disputes between companies in the electronics sector. Of these, the highest profile dispute was between Samsung Electronics Co Ltd and Apple Inc. In this first part of a two part article, we will discuss how different courts within Europe were effectively utilised by… -
IP Cases & Articles
Court of Appeal Rules in Favour of Specsavers v Asda
Specsavers has won the latest round in the high profile case revolving around Asda’s optical advertising campaign which encouraged consumers to "be a real spec saver at Asda" and promoting "spec savings at Asda". -
IP Cases & Articles
Prioritised Examination at the USPTO
In our August 2010 newsletter, we described the United States Patent and Trademark Office’s (USPTO) plans to introduce a three-track procedure for patent examination. The plans aimed to give applicants greater control over the speed and timing of the examination of their patent applications. The Track 1 procedure, named Prioritised… -
IP Cases & Articles
The Patent Box - What it Means and How it Works
The Patent Box is an opt-in scheme for obtaining a reduced rate of corporation tax on certain IP-derived profits in the UK. The scheme is scheduled to start in April 2013 and is an area of tax law that any IP-active company will want to watch. -
IP Cases & Articles
SPCs on combination products - is it specified?
Five related decisions of the Court of Justice of the European Union (CJEU)¹ have finally provided some degree of clarity to the law on Supplementary Protection Certificates (SPCs) for medicinal products comprising a combination of active ingredients. Although these decisions still leave a number of questions open, they may require… -
IP Cases & Articles
Negative term SPCs - a positive outcome
The CJEU has recently issued a decision allowing SPCs to be granted with negative terms. Whilst this might initially seem surprising it is actually an encouraging outcome for innovator pharmaceutical companies. -
IP Cases & Articles
Inventive Step - Is it Still Plausible?
Readers will be aware that the ‘problem-and-solution approach’ is used by the EPO to determine the question of inventive step. -
IP Cases & Articles
GC Refuses VIAGUARA Mark for Dissimilar Goods
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…
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