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IP Cases & Articles
Nissan v EUIPO: General Court rules that E-POWER and VDL EPOWER are not confusingly similar
In Nissan Motor Co Ltd v European Union Intellectual Property Office (EUIPO) (Case T-755/20), the General Court dismissed Nissan’s appeal and found that VDL Groep’s EU trade mark application for VDL E-POWER was not confusingly similar to Nissan’s UK and French registrations for the figurative mark E-POWER in relation to… -
IP Cases & Articles
T 1989/18: adaptation of the description of a European patent application
Prior to grant of a European patent application, examiners often request the description to be adapted for consistency with the subject matter of the allowable set of claims. This became a more onerous exercise following an update to the EPO Guidelines for Examination in March 2021, which set out a… -
IP Cases & Articles
Brand enforcement in the metaverse: time for a re-think?
The growth of the metaverse (simulation environments pertaining to aspects of real life) has provided a fantastic opportunity for many companies seeking to develop their brand image. Frequently these days, it is common to see companies advertising their brand and products in these virtual environments, such as FORTNITE or ROBLOX,… -
News
Congratulations to CITMA awards winners 2021
The Chartered Institute of Trade Mark Attorneys has announced this year’s winners of its CITMA awards, celebrating the top trade mark students in the UK. We are extremely pleased to congratulate D Young & Co Trade Mark Assistant Abigail Macklin who has attained top marks in the Trade Mark Law… -
IP Cases & Articles
Lennox Estates v S&W Ventures Lennox Estates wins rare IP summary judgment
The UK’s Intellectual Property Enterprise Court (IPEC) has held in favour of the claimant in a relatively rare example of the court granting summary judgment in respect of intellectual property. -
Newsletter
Patent Newsletter No.86
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IP Cases & Articles
T 3072/19: when can a comparative test be used to demonstrate a technical effect?
A recent decision from the EPO Board of Appeal considered whether a comparative test (which was described in the application as filed) could be used to shown an improvement over the prior art. In T 3072/19, independent claim 1 of the main request was directed to an insecticide composition: -
IP Cases & Articles
G 1/21: oral proceedings by video conference permitted but suboptimal
The written decision confirming the order of the Enlarged Board of Appeal in G1/21 and setting out the reasoning behind it has now been issued. Notably, it states that in-person hearings should be the default option for Boards of Appeal and video conferencing is suboptimal format compared to in-person oral… -
IP Cases & Articles
WIPO Hague design system upcoming changes to the rules
Following a recent announcement from WIPO, a number of welcome amendments have been made to the rules of procedure relating to the Hague design registration system. These amendments will come into force on 01 January 2022. -
IP Cases & Articles
UKIPO launches call for views on Standard Essential Patents (SEPs)
The UK intellectual property office has launched a call for views on standard essential patents (SEPs). The call for views will last for 12 weeks, closing on 01 March at 11.45pm. Responses to the call for views will inform how the UK SEPs framework supports innovation, promotes competition and whether…
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