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IP Cases & Articles
Neuschwanstein: Bundesverband Souvenir - Geschenke - Ehrenpreise eV v EUIPO
This is a case in which the European Court of Justice has made a decision on a mark consisting of a German word that is not in accordance with the decision made by the German Federal Supreme Court on the same mark. -
IP Cases & Articles
Important changes to the Trade Marks Act & Rules January 2019
The Trade Marks Act 1994 (TMA) and Trade Marks Rules 2008 are due to change following implementation by the UKIPO of the EU Trade Mark Directive 2015. This article sets out a summary of the various changes due to come into effect on 14 January 2019. -
IP Cases & Articles
Registrability: seeing a distinct pattern?
Patterns are difficult to obtain registered protection for as they are typically considered to lend an aesthetic appeal to goods. The pattern mark is a ‘new’ creature at the EUIPO, as it only became possible to categorise applications in this manner from 01 October 2017 onwards. Whilst the concept did… -
IP Cases & Articles
Geographical Indications Consultation on UK GI scheme post-Brexit
Geographical Indications (GI) are a form of intellectual property that enables a product to be identified as originating from a particular country, region or locality where a given quality, reputation or other characteristic is attributable to that particular place it is produced. The existing EU schemes provide legal protection to… -
IP Cases & Articles
Unwired Planet v Huawei: UK Court of Appeal dismisses appeal
In 2017, following infringement and validity trials relating to standards essential patents (SEPs) held by Unwired Planet, a trial was held to determine whether Unwired Planet could obtain an injunction if Huawei refused to take a licence, even though the patents were subject to FRAND (“Fair, Reasonable and non-discriminatory”) commitments. -
IP Cases & Articles
Conversant Wireless v Huawei & ZTE: FRAND & Anti-Suit Injunctions
In parallel proceedings in different jurisdictions between an SEP owner and prospective licensee, what relief is available if the prospective licensee pleads in one jurisdiction that the conduct of the SEP owner (by commencing litigation in another jurisdiction) breaches FRAND principles? In a recent judgment, the English Patents Court has… -
IP Cases & Articles
Teva v Gilead: SPC combination products
In Teva v Gilead, the Patents Court of England and Wales has now given judgment on the validity of Gilead’s supplementary protection certificate (SPC) for its drug Truvada®, an anti-HIV drug which is a combination of two active ingredients, tenofovir disoproxil and emtricitabine. This follows a trial in 2016, from… -
IP Cases & Articles
DOCERAM v CeramTec: aesthetic v functional design protection
This CJEU decision confirms the Advocate General’s opinion that design features are not protectable by design law, if, from an objective point of view, they have been chosen solely on the basis of considerations of functionality. The CJEU confirms that the correct approach is one of “no aesthetic consideration” instead… -
IP Cases & Articles
Gene-edited organisms classified as GM in the EU: C-528/16
The Court of Justice of the European Union (CJEU) recently decided that organisms that have been subjected to non-“conventional” mutagenesis techniques must be classified as genetically-modified organisms (GMOs). -
IP Cases & Articles
EOS Neuroscience: method of treatment excluded subject matter
Is a method for treating pain, which has an implied surgical step essential to the method, not capable of being patented? This was the issue addressed by the Hearing Officer, Dr Cullen, in an appeal from the examiner at the UK Intellectual Property Office. The decision offers those patentees involved…
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