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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)… -
IP Cases & Articles
IP Translator: CIPA Seeks Clarity on Class Headings
On 19 June 2012, the Court of Justice gave its keenly awaited decision in the IP Translator case (the Chartered Institute of Patent Attorneys (Trade marks) [2012] EUECJ C-307/10). This was a test case, the purpose of which was to try to establish whether or not it is acceptable to… -
Newsletter
Trade Mark Newsletter No.64
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IP Cases & Articles
HMRC Publishes A Guide to the Patent Box
HMRC has published a guide to the forthcoming tax relief for innovative companies that is being phased in from 1 April 2013. -
IP Cases & Articles
Stem Cell Inventions: EPO Follows Brstle CJEU Decision
The new Guidelines for Examination in the European Patent Office came out on 20 June 2012. On the subject of patenting stem cell-related inventions, the guidelines largely follow the ruling of the Court of Justice of the European Union (CJEU) in the Brüstle v Greenpeace (Case C-34/10), which was discussed… -
IP Cases & Articles
Stem Cell Inventions: UK revises Examination Guidelines
As reported in the October 2011 issue of the D Young & Co LLP newsletter, there was a Court of Justice of the European Union (CJEU) Decision last year which concerned the patentability of technology based on the use of human embryonic stem cells (hESC).
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