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IP Cases & Articles
SDL Hair v Next Row - groundless threat
The UK has specific legislation relating to threats to bring IP infringement proceedings in certain circumstances. Where someone receives a 'groundless threat' of proceedings in the UK, they may be entitled to bring court proceedings against the threat-maker, seeking remedies including an injunction to restrain further threats, a declaration that… -
IP Cases & Articles
Layout of a retail store as a trade mark?
The Court of Justice of the European Union (CJ) has acknowledged that the design layout of a shop can conceivably be registered as a trade mark for retail store services within the European Union (EU). -
IP Cases & Articles
K-swiss 5-stripe trade mark held invalid
The General Court (GC) has decided that the 5-stripe mark of K-Swiss, depicted below, registered for footwear, is invalid as it is devoid of distinctive character. The stripes were depicted as shown on the side of a shoe (in a not dissimilar way to the 3 stripes of Adidas). -
IP Cases & Articles
Fosters Brewing Company Limited v S & NF Limited
Extensive use of colour(s) may enhance the degree of similarity between trade marks where the trade marks may not otherwise be overly similar. -
Newsletter
Trade Mark Newsletter No.76
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IP Cases & Articles
Substantive patent law harmonization: Tegernsee
In 2011, the international landscape of substantive patent law changed significantly with the adoption of the America Invents Act (AIA) in the US, and modifications to the Patent Law in Japan. -
Newsletter
Patent Newsletter No.42
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IP Cases & Articles
The Nagoya Protocol - Actions for genetic researchers
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization was adopted by contracting states on 29 October 2010, and ratified by the European Union (EU) in a Regulation on 16 May 2014. -
IP Cases & Articles
Strategies for challenging and proving prior art
When it comes to oppositions at the European Patent Office (EPO) every technical field has its own peculiarities. In the field of telecommunications, mobile technology and broadcast technology, standardisation plays a vital role. For this reason, standards related patents are extremely valuable. -
IP Cases & Articles
EPO streamlines patent application to grant
Frustration and grumbles about the sometimes extraordinary lengths of time the European Patent Office (EPO) can take to process a patent application through to grant are commonplace. Following consultation the EPO has now announced an ’Early Certainty from Search’ scheme aimed at improving its service
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