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IP Cases & Articles
Preparing for the UPC
After several false-starts, the biggest change in the European patent landscape, namely the introduction of a Unitary Patent (UP) and launch of the Unified Patent Court (UPC), is looking like a real possibility for 2022. In this article, Rachel Bateman, partner and patent attorney at D Young & Co, discusses… -
IP Cases & Articles
3D trade marks in Europe - just how safe are your 3D registrations?
A couple of recent cases have again highlighted the possible inconsistencies and lack of guarantees that would give brand owners with three-dimensional marks the comfort they need concerning the protection and enforcement of their rights in the European Union. -
IP Cases & Articles
Non-use revocation of TRUE NORTH - victory for the small fish in a big pond
A rural Scottish salmon company facing non-use revocation, retained its registration for salmon and related goods, representing at least a partial win for small rural businesses with only local and seasonal sales. Whilst no singular piece of evidence was decisive, genuine use was inferred by piecing together various pieces of… -
IP Cases & Articles
Fighting IP crime in the UK: UKIPO publishes new IP crime counter-infringement strategy
The UK Intellectual Property Office has published its new IP crime counter-infringement strategy for 2022-2027. The strategy’s delivery plan will be intelligence-led, harm-focused, and continuously improved through partnership, leadership, and education. -
IP Cases & Articles
Certification marks: Manuka not sweet enough for registration
The Manuka Honey Appellation Society (applicant) was the owner of a pending certification mark for MANUKA HONEY in respect of goods in class 30, claiming priority from a New Zealand certification mark. -
IP Cases & Articles
The (urban) bubble bursts No likelihood of confusion despite evidence of confusion
In a recent IPEC decision, Judge Hacon found that the sign URBAN EVOLUTION is not sufficiently similar to the URBANBUBBLE mark to give rise to trade mark infringement or passing off in respect of identical property and real estate management services. The evidence of confusion relied on was not caused… -
IP Cases & Articles
The shape of originality: Ed Sheeran appears in the UK High Court
The Rolls Building in central London, which is the primary court building for matters concerning IP in the UK, has had its share of celebrities walk through its doors since it opened in 2011, but few have attracted as much attention as Ed Sheeran did, when he appeared over two… -
IP Cases & Articles
Please, sir, I want some moreUK design registration - what to do when 12 views is not enough
In the context of obtaining registered design protection in the UK, this is often achieved through the use of the UK’s web-filing system, which allows multiple UK designs to be pursued in a single filing, very cost effectively. In that respect, the official fees for a single UK design pursued… -
IP Cases & Articles
Can we finally advance? CJEU asked once again to consider SPC eligibility of patents for combination products
The Irish Supreme Court has referred a number of questions to the Court of Justice of the European Union (CJEU) on issues relating to the eligibility of combination medicinal products for protection by supplementary protection certificates (SPCs). The referral has the potential to decide Europe-wide litigation on a combination product… -
IP Cases & Articles
Countdown to the UPC: as launch preparations begin we answer your opt-out questions
Following news on the 18 January 2022 that Austria has deposited the instrument of ratification for the Protocol to the Agreement of a Unified Patent Court, the UPC Preparatory Committee has announced the commencement of the UPC Provisional Application Period (PAP). The UPC provisional application period allows for completion of…
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