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IP Cases & Articles
Accessing written pleadings and evidence at the UPC
The Court of Appeal has provided useful clarity to guide prospective applicants under Rule 262.1(b) of the UPC Rules of Procedure (RoP), in respect of both the scope of documents which can legitimately be expected to be granted, and the likely conditions to be placed on use of any documents… -
IP Cases & Articles
A brief rundown on satellite telecommunications
Advancements in 5G and 6G are transforming satellite communication with the ultimate aim of providing global connectivity. Previous generations of wireless communication standards (such as 2G) utilised satellites to extend mobile coverage in remote areas. These satellites primarily operated as backhaul by relaying communications between terrestrial base stations and a… -
IP Cases & Articles
Differing decisions from the UPC and EPO: Sanofi v Amgen; EP 3666797B
Following the Munich Central Division decision in the first-filed case of the Unified Patent Court (UPC) between Sanofi-Aventis v Amgen (UPC_CFI_1/2023), the Opposition Division has now issued its decision in the corresponding European Patent Office (EPO) opposition proceedings in which Sanofi is one of the opponents. -
IP Cases & Articles
First UPC infringement decision for second medical use claims
A recent first decision on infringement of a second medical use patent indicates how the Unified Patent Court (UPC) may treat this type of claim. -
IP Cases & Articles
Chickens come home to roost: Morleys (Fast Foods) Ltd v Nanthakumar & Ors
A recent High Court decision concerning London chicken shops highlights the importance of robust and forward thinking settlement agreements. -
IP Cases & Articles
Pedantry on ice: High Court explores the relationship between trade marks and their descriptions
British supermarket chain Iceland applied for a summary judgment regarding a dispute over Babek International’s registered trade mark (shown below). Initially, Babek claimed the mark had been infringed by Iceland selling a product bearing the sign; as a result, Iceland counterclaimed for invalidity of the mark. -
IP Cases & Articles
Birkenstock sandals are not art: German Federal Court denies copyright protection for classic Birkenstock models
German sandals producer Birkenstock sued three entities which sold and/or produced sandals that are similar to its models Arizona, Madrid, Boston and Gizeh. It is now clear that Birkenstock cannot rely on copyright to prevent competitors from offering similar models in Germany. -
IP Cases & Articles
Oh glow up! Another TV format case fails
The BBC has succeeded in getting a seemingly spurious case against it thrown out. This case concerns an allegation by an individual that the BBC and Wall To Wall Media had infringed her rights in relation to a TV show format, resulting in the show Glow up: Britain’s Next Make-Up… -
IP Cases & Articles
UK Governments response to second consultation: trade marks & designs update
The UK Intellectual Property Office (UKIPO) launched its “One IPO Transformation” programme in 2021, with the ambition of enhancing and modernising its digital services for intellectual property rights in the UK. Between 22 August 2023 and 31 October 2023, the UK Government ran a consultation on how the trade mark,… -
IP Cases & Articles
3D mark with a technical function? High Court re-enforces difficulties in registration
In this recent High Court case, Mr Justice Smith re-enforced how difficult it can be to acquire and maintain rights in a 3D trade mark, particularly when its shape protects features with a technical function.
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