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IP Cases & Articles
The World Intellectual Property Day: IP & SMEs
Monday 26 April 2021 is “World Intellectual Property Day�. Since the year 2000 World IP Day has celebrated IP rights and their role in innovation and creativity, as well as commemorating the day on which the World Intellectual Property Organization (WIPO Convention) came into force in 1970. -
IP Cases & Articles
German Supreme Court applies CJEU DOCERAM judgment for the first time
On 08 March 2018 the Court of Justice of the European Union (CJEU) handed down its decision in DOCERAM v CeramTec (C-395/16), in which it defended design infringement claims on the grounds of the alleged technical features of a claimed registered Community design (RCD) and the technical features of the… -
IP Cases & Articles
T2320/16: are ViCo oral proceedings compatible with Art 116 EPC?
While we wait for a decision in G1/21 on whether consent of all parties is required for oral proceedings to be held by videoconference (ViCo), we have been provided with a warm-up act of sorts, thanks to the recent publication of the decision in T2320/16. -
IP Cases & Articles
AI (part one): how does AI interact with UK excluded subject matter provisions?
Recently the UK Intellectual Property Office ran a consultation on artificial intelligence and intellectual property, to which D Young & Co responded with a discussion of the issues raised. In this first article reporting on the consultation, we highlight our view of the definition of “AI� and how this interacts… -
IP Cases & Articles
Special report: patents and SPCs post-Brexit – pharma’s big opportunity?
The United Kingdom has become a fully independent third country to the European Union. In this 32 page special report patent specialists Garreth Duncan and Jennifer O’Farrell shine a spotlight on the impact of Brexit on the pharmaceutical industry, focusing on the challenges ahead as well as areas of opportunity… -
IP Cases & Articles
A little story about Easter bunnies: how EU and German courts have responded to Easter-related marks over the years
IP practitioners around the world have been following the many legal questions around Easter bunnies – ranging from the manifold aspects of 3D trademark protection and enforcement to the latest dispute over an alleged monopoly for the colour gold in relation to Lindt chocolate bunnies (the latter currently pending before… -
IP Cases & Articles
Coty v Amazon continues: latest decision highlights the right to inspection under German Trademark Law
The case between German perfume distributor Coty and e-commerce giant Amazon has gone into another round before the German Federal Supreme Court. -
IP Cases & Articles
G1/19: patenting computer simulation inventions
The EPO’s Enlarged Board of Appeal recently announced its decision in respect of G1/19, which relates to the patentability of computer simulation inventions. Simulation is a widely used tool in many fields of electronics, design and manufacturing, computer engineering, bioengineering, and chemistry to name but a few. Simulation is used… -
IP Cases & Articles
“It’s like milk but made for humans�: Oatly capitalises on controversy in GC distinctiveness decision
The General Court (GC) has overturned the European Union Intellectual Property Office (EUIPO) refusal to register the mark “IT’S LIKE MILK BUT MADE FOR HUMANS�. The General Court was persuaded that Oatly’s slogan met the minimum requirement for distinctive character. -
IP Cases & Articles
Tefal’s pan with the “famous red spot�: proving an indicator of commercial origin
Tefal applied to register the mark (shown below) in the UK for frying pans and related goods in class 21. The application was rejected as being devoid of distinctive character. Tefal submitted evidence of acquired distinctiveness, including a survey.
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