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  • IP Cases & Articles

    No room for reciprocity where generosity reigns: EU member states may not apply reciprocity principle

    Posted on 02 January 2025
    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

    Jima Projects two parallel stripes on sport shoe: General Court confirms lack of distinctive character for basic geometric shapes

    Posted on 02 January 2025
    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.
    Julian Graf Wrangel
    Julian Graf Wrangel
    Associate, Rechtsanwalt
  • IP Cases & Articles

    Drifting away from EU law? High Court explores tension between originality and artistry in WaterRower v Liking

    Posted on 02 January 2025
    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…
    Agnieszka Stephenson
    Agnieszka Stephenson
    Associate, Solicitor
  • IP Cases & Articles

    VETSURE v PETSURE: Court of Appeal overturns pet insurance ruling

    Posted on 02 January 2025
    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.
    Peter Byrd
    Peter Byrd
    Senior Associate, Solicitor
  • IP Cases & Articles

    Global design registration protection: change is afoot, will the Hague design registration system adapt?

    Posted on 17 December 2024
    Recent months have seen considerable change in the context of design registration protection. This change has included the adoption of the Design Law Treaty, following the diplomatic conference in Riyadh, Saudi Arabia, and also the finalising of the new European Union Design Reform Legislation Package which is set to implement…
    William Burrell
    William Burrell
    Partner, Patent Attorney
  • Newsletter

    Patent Newsletter No.104

    Posted on 10 December 2024
  • IP Cases & Articles

    UPC recoverable costs: factors influencing the value of a revocation action

    Posted on 10 December 2024
    Recent orders of the Court of First Instance of the Unified Patent Court (UPC) Central Division (Paris Seat) indicate the factors a court may take into account when deciding upon the value of a revocation action (through the value of a patent to be revoked) and which band of recoverable…
    Oliver Cartwright
    Oliver Cartwright
    Associate, Patent Attorney
  • IP Cases & Articles

    UPC claim construction: recent approaches to claim interpretation

    Posted on 10 December 2024
    Recent first instance decisions at the Unified Patent Court (UPC) have seen Local Division and Central Division judges apply the Court of Appeal’s decisions on claim interpretation. This article compares the approaches taken in three of these decisions.
    Andrew Cockerell
    Andrew Cockerell
    Partner, Patent Attorney
  • IP Cases & Articles

    UPC caseload insights and trends: November 2024

    Posted on 10 December 2024
    The Unified Patent Court (UPC) continues to publish its monthly case load analysis and it is clear that the court remains busy and continues to grow at a determined rate. This article provides insight on filing data and statistics from the UPC up to 30 November 2024.
    Stephen Solomon
    Stephen Solomon
    Technical Assistant
  • IP Cases & Articles

    T1809/20: preferable patent language

    Posted on 10 December 2024
    In T1809/20 the European Patent Office (EPO) Board of Appeal revoked a patent for added matter because claim 1 of the main and sole auxiliary request comprised multiple selections at differing levels of disclosed “preference” without any pointer present in the application as filed for combining preferences of different levels.
    Toby Willis
    Toby Willis
    Associate, Patent Attorney

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