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Newsletter
Trade Mark Newsletter No.62
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IP Cases & Articles
Design infringement: Cegasa v Proin Clear Traffic
The CJEU has issued a rare decision relating to registered designs, and it has answered the question whether obtaining your own registered design can prevent you from infringing an earlier registered design belonging to another party. -
IP Cases & Articles
UK Opt-In Service to Cease from 1 October 2012
The UK IPO has announced that it will stop operating the optional notification service for owners of Community Trade Mark (CTM) registrations from 1 October 2012. -
IP Cases & Articles
GC Stubs Out Imperial Tobacco Appeal in Player v Playa
First Board of Appeal decision 23 January 2012 (revised on 13 February 2012) in Case R18/2011-1 Imperial Tobacco Limited v Grand River Enterprises (Deutschland) GmbH -
IP Cases & Articles
Trade Mark Owners: Get Your Documents in Order!
A number of recent cases highlight the need for users of the Community trade mark system to ensure that documents are in order and are filed appropriately at the office in connection with opposition proceedings. -
IP Cases & Articles
ICANN Postpones Closure of New gTLD Application Window
The deadline for new Generic Top-Level Domains (gTLD’s) applications has now been postponed until Friday, 20 April 2012. -
IP Cases & Articles
European design rights and the Apple v Samsung dispute
Following on from an article we published in the February edition of this newsletter (in which we discussed national validation strategies for European patents), this article will consider how Registered Community Designs (RCDs) may be used as an additional method of rights protection. This is to be illustrated using the… -
IP Cases & Articles
USPTO Competition - Patents for Humanity
In addition to awarding patents, the United States Patent and Trademark Office (USPTO) will soon be awarding prizes. -
IP Cases & Articles
SPCs for combination products - common sense prevails?
Hot on the heels of the Medeva and related decisions late in 2011, the CJEU has issued its latest order on SPCs for combination pharmaceutical products. The order was issued remarkably quickly, within eight months of its referral by the UK Patents Court, and will be welcomed by innovator pharmaceutical… -
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…
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