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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. -
IP Cases & Articles
Global design registration protection: change is afoot, will the Hague design registration system adapt?
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… -
IP Cases & Articles
UPC recoverable costs: factors influencing the value of a revocation action
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… -
Newsletter
Patent Newsletter No.104
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IP Cases & Articles
UPC caseload insights and trends: November 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. -
IP Cases & Articles
UPC claim construction: recent approaches to claim interpretation
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. -
IP Cases & Articles
T1809/20: preferable patent language
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.
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