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IP Cases & Articles
Original Beauty Technology v G4K Fashion: Passing off is not a tort of unfair competition
Original Beauty Technology (the claimants)s and G4K Fashion (the defendants) operate online businesses and design and sell “bodycon” and “bandage” style dresses under the brands HOUSE OF CB and OH POLLY (respectively). The Original Beauty Technology also owns and operates sister brand MISTRESS ROCKS, which is aimed at a slight… -
IP Cases & Articles
New rules for proof of use in Germany what brand owners need to know
In a decision issued on 14 January 2021 (Case No I ZR 40/20), the Supreme Court addressed the following two questions relating to proof of use: 1) What is the relevant five-year period to show genuine use? 2) Who has the burden of proof? The short answer to the first… -
IP Cases & Articles
Brexit and the UK design registration database cloning process almost (but not yet fully) complete
Following the end of the transition period on 31 December 2020 concerning the departure of the United Kingdom from the European Union, the UK Intellectual Property Office (UKIPO) has been working to update the UK design register to include all of the newly ‘cloned’ UK design registrations stemming from affected… -
IP Cases & Articles
J0009/18: four substantial procedural violations and a legal inaccuracy
Appeals against the Receiving Section at the EPO tend to be few and far between. Nevertheless such appeals tend to relate to procedural matters and can deal with complex matters of law. In this case, the Board of Appeal identified a total of four substantial procedural violations that had occurred… -
IP Cases & Articles
Launch of the UKIPO One IPO transformation programme
On Friday 22 April the UK Intellectual Property Office (UKIPO) launched its One IPO transformation programme. The One IPO programme is a five-year project to modernise and integrate intellectual property rights in the UK. -
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. -
Newsletter
Patent Newsletter No.82
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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…
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