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IP Cases & Articles
Are you authorised? CJEU asked to rule on third party SPCs
The UK Patents Court has referred a question to the Court of Justice of the European Union (CJEU) regarding the grant of supplementary protection certificates (SPCs) to a party which does not have the consent of the marketing authorisation (MA) holder – so-called “third party SPCs”. The referral would provide… -
IP Cases & Articles
Brexit" > WIPO: implications for Hague System users in case of a "no deal" Brexit
D Young & Co trade mark partner Jana Bogatz provides an update in the April edition of INTA Bulletin concerning the implications of a "no deal" Brexit to existing international design registrations that designate the European Union. -
IP Cases & Articles
TQ Delta v ZyXEL: essential reading for SEP owners
This case is essential reading for SEP holders. It is a helpful reminder of the law of obviousness, where the invention is the identification of the problem, not the solution. It also offers some useful guidance on the procedural issues regarding SEP and (F)RAND trials and guidance on when a… -
IP Cases & Articles
Post Brexit: UK registered design numbering system
To help businesses prepare for Brexit, the UK Government has confirmed through proposed legislation that it will ensure that an equivalent UK registered design will be automatically generated for any existing granted EU registered design that is published, and any international Hague registered design designating the EU which is published… -
IP Cases & Articles
Technetix v Teleste: doctrine of equivalents
Since the introduction of the doctrine of equivalents in the United Kingdom in Actavis v Lilly, it has been questioned whether a claim can be extended by said doctrine (so that a product infringes the claim) where such an extension would render the claim obvious over the prior art at… -
IP Cases & Articles
Post Brexit: designs
To help businesses prepare, the UK Parliament has drafted legislation (The Trade Marks (Amendment etc) (EU Exit) Regulations 2018) that will ensure that EU designs will continue to be protected and to be enforceable in the UK by providing an equivalent design registered in the UK. The legislation is likely… -
IP Cases & Articles
UK High Court revokes Pathways EASYOFFICE marks for non-use
This was an appeal to the UK High Court from revocation proceedings at the UKIPO. The hearing officer had revoked two UK marks for EASYOFFICE for non-use following revocation actions filed by Easygroup. The marks were registered in class 35 for “Provision of office facilities, rental of office equipment”. -
IP Cases & Articles
Not a FUNTIME for Trespass at the IPEC
The Intellectual Property Enterprise Court (IPEC) in Luen Fat Metal and Plastic Manufactory Limited v Jacobs & Turner Limited t/a Trespass has held that the claimant’s UK and EU trade marks for FUNTIME were valid and infringed by Trespass’s use of a similar sign on several child-focussed products in its… -
IP Cases & Articles
UK ranks 2nd out of 50 in US Global IP index
The UK Intellectual Property Office (UKIPO) was pleased to announce last week that the UK has been ranked second in the US Chambers of Commerce Global IP index, out of 50 countries.The index considers factors that ensure businesses can obtain, exploit and enforce IP rights. -
IP Cases & Articles
Philip Morris protects IQOS with registered Community design
In a powerful blow to a Chinese competitor, Philip Morris has deployed its registered Community design (RCD) in order to block sales of a heated tobacco device, obtaining interim pan-EU injunctive relief from the English Court.
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