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IP Cases & Articles
Government opens consultation on the UKs legal framework for AI and copyright
The UK Government has recently launched a consultation to seek views on how the government can ensure the UK’s legal framework for artificial intelligence (AI) and copyright supports the UK creative industries and AI sector together. The consultation is in the form of a survey, and will close on 25… -
IP Cases & Articles
UPC issues default judgment in infringement proceedings
The Unified Patent Court (UPC) has issued its first decision by default in an infringement proceeding. This decision highlights the importance of responding to a statement of claim and engaging with the UPC’s procedures. -
IP Cases & Articles
FRAND judgments at the UPC? The latest act in Panasonics SEP infringement saga with OPPO and Xiaomi
On 22 November 2024, the Unified Patents Court (UPC) issued the first decision in which the setting by the UPC of a fair, reasonable, and non-discriminatory (FRAND) rate for the licensing of a standard essential patent (SEP) was addressed. -
IP Cases & Articles
Windsor incoming: all change to UK SPCs for human medicines
The provisions of the Windsor Framework regarding Northern Ireland, agreed in 2023 between the UK and EU, entered into force on 01 January 2025. Although the Windsor Framework does not contain any direct provisions regarding IP rights, its effect on pharmaceutical regulation will change the way the UK handles supplementary… -
IP Cases & Articles
A clearer sky ahead: UK Supreme Court delivers final decision in SkyKick saga
After seventeen months of waiting, the Supreme Court has issued its judgment on the long-running dispute between SkyKick and Sky, ruling that a trade mark application can be deemed to be in bad faith if the specification is overly broad in scope or includes sub-categories the applicant never intended to… -
IP Cases & Articles
Drifting away from EU law? High Court explores tension between originality and artistry in WaterRower v Liking
In a long-awaited judgment, the High Court found that the UK test for copyright subsistence in respect of works of artistic craftsmanship cannot be reconciled with the InfoSoc Directive and Court of Justice of the European Union (CJEU) authorities. As a result, the claimant’s WaterRower machine would have satisfied the… -
IP Cases & Articles
Jima Projects two parallel stripes on sport shoe: General Court confirms lack of distinctive character for basic geometric shapes
The General Court (GC) upheld the European Union Intellectual Property (EUIPO) Board of Appeal’s decision, affirming that the following figurative sign lacked inherent distinctiveness. -
IP Cases & Articles
No room for reciprocity where generosity reigns: EU member states may not apply reciprocity principle
In this decision, the Court of Justice of the European Union (CJEU) ruled that European Union (EU) copyright laws prevent EU member states from implementing the Berne Convention’s reciprocity test for works of applied art. As a result, the copyright protection for such works originating from other countries does not… -
IP Cases & Articles
The extreme approach: use restraint when assessing a hearing officers decision
The applicant, Extreme E, sought to register the mark shown below in the UK, for services in class 41, including the organisation of sporting and cultural events, motor vehicle races, and award ceremonies. This application faced opposition from Extreme Networks, an event and experience organiser, which holds a UK trade… -
IP Cases & Articles
VETSURE v PETSURE: Court of Appeal overturns pet insurance ruling
In October 2023 the UK High Court found no infringement of the mark VETSURE by the brand PETSURE. VETSURE subsequently appealed the High Court decision on a number of grounds, the most interesting of which are discussed below.
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