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IP Cases & Articles
Conversant Wireless v Huawei: FRAND & Jurisdiction
In Unwired Planet v Huawei, the Patents Court of England & Wales held that it was able to determine the terms of a worldwide FRAND licence and, if the prospective licensee declined to take such a licence, that it would grant an injunction in the UK. This is a potentially… -
IP Cases & Articles
Glencairn IP v Dartington Crystal: Interim Injunctions
It is becoming increasingly difficult to obtain interim injunctions (sometimes referred to as preliminary injunctions) in England and Wales in relation to alleged intellectual property infringement. This is again demonstrated by the High Court’s recent decision in Glencairn IP Holdings Ltd v Dartington Crystal (Torrington) Ltd. -
IP Cases & Articles
.eu domain names: IP & Brexit
With the withdrawal of the UK from the European Union (EU) scheduled to take place on 30 March 2019 at 00:00h (CET), owners of .eu domain names who are based in the UK should take note of the European Commission’s “Notice to Stakeholders" published on 28 March 2018. In brief,… -
IP Cases & Articles
IP & Brexit: the draft agreement on UK withdrawal
On 19 March 2018 a draft agreement for the withdrawal of the UK from the European Union (EU) was published. Provisions relating to intellectual property are contained primarily within Articles 50-57 (inclusive) and are summarised below. -
IP Cases & Articles
WHOIS data and the GDPR: have your say
WHOIS data is essential for the effective enforcement of intellectual property rights. Without it, identifying the individuals behind websites undertaking infringing activities becomes problematic. However, some registrars have not obtained explicit consent (by way of opt-in) from registrants to publish the personal data. This falls foul of the General Data… -
IP Cases & Articles
UK joins Hague system for international registered designs
The international system for applying for registered design protection is taking another step forwards in June 2018, when the United Kingdom (on a national basis) joins the Hague system. -
IP Cases & Articles
CROCS EU design: risks of prior disclosure worldwide
The invalidation of the EU design for CROCS shoes highlights risks of prior disclosure worldwide. On 14 March 2018, the General Court of the ECJ upheld the 2010 decision of the Board of Appeal and the CROCS RCD is now invalid, notwithstanding arguments by the rights holder which sought to… -
IP Cases & Articles
Student Union Lettings v Essex Student Lets
In Student Union Lettings Limited v Essex Student Lets Limited, the Intellectual Property Enterprise Court (IPEC) has held that a UK trade mark for SULETS was infringed by the sign SU LETS for identical services. The defendant was also liable for passing off. The decision by Ms Recorder Michaels includes… -
IP Cases & Articles
Cantel v Arc Medical: Secondary Evidence for Obviousness
In Cantel v Arc Medical Design, anticipating the end of its distribution agreement, Cantel sought a declaration of non-infringement and/or revocation of certain of Arc Medical Design’s patents and design. The patents and designs related to a device used with a colonoscope to improve visibility of the wall of the… -
IP Cases & Articles
Lilly v Genentech: European patent foreign designations
There is an evolving practice before the English Patents Court for parties to seek declarations of non-infringement in relation to both UK and non-UK designations of European patents. It is broadly accepted that the English Patents Court will accept jurisdiction of such claims and, in the right circumstances, this can…
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