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IP Cases & Articles
New Generic Top Level Domains (gTLDs)
On 12 January 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) will open the application window for the New Generic Top Level Domains (gTLD) Program. -
IP Cases & Articles
Visual Differences Avoid Confusion in Figurative Marks
In a recent decision concerning the impact of differing figurative elements in Community trade marks where the goods in question are identical or similar, the General Court has held that, in some cases, the differences are not sufficient to avoid a likelihood of confusion. -
IP Cases & Articles
Proof of Use Unproven for 'Royal Shakespeare'
This Trade Marks Registry decision highlights what is required to defend a non use revocation action filed against a trade mark registration. Jackson International had registered ROYAL SHAKESPEARE in connection with ‘beers, including low-alcohol and non-alcoholic beers; fruit drinks; fruit juices and isotonic drinks’ in class 32. -
IP Cases & Articles
Sweet Success - Cadbury Registers Purple Colour in UK
Following an opposition from Nestlé, Cadbury has been successful in registering the colour purple, in relation to a range of chocolate products. -
IP Cases & Articles
Stays of UK patent proceedings:revised guidance
We are often asked whether the UK courts stay patent litigation pending the outcome of European Patent Office (EPO) oppositions. Practice within Europe varies – for example, in Germany it isn’t possible to have national invalidity proceedings where there is a pending opposition, and infringement proceedings typically are not stayed.… -
IP Cases & Articles
Inventive Step Evidence - The Correct Approach
Mr Justice Arnold, now the senior judge in the English Patent Court, recently reemphasised the importance of correctly instructing experts on inventive step in the UK. In HTC v Nokia, Arnold J was somewhat critical of the manner in which HTC had instructed its expert when considering inventive step, indicating… -
IP Cases & Articles
HTC v Nokia: licence defence may be narrow
On 30 October 2013, Arnold J gave judgment in HTC Corporation v Nokia Corporation, a case concerning a non-standards essential patent relating to mobile phones. In this case, Nokia alleged that several HTC phones infringed the patent through their inclusion of chips supplied to HTC, in Taiwan, from Broadcomm and… -
IP Cases & Articles
Don’t Let Leaked Information Wipe Out Your Patents
Before the advent of the Internet, publication of information to a global audience used to require significant planning and financing. This meant that it was difficult for an individual to publish information that was subsequently seen globally. However, the Internet has changed that. It is now possible to publish information… -
IP Cases & Articles
Rule 164 - EPO Goes Back to the Future on Searching
The European Patent Office (EPO) has announced that it is revising its rules on the searching of Euro-PCT applications which lack unity, essentially returning to their previous practice of allowing the applicant to pay additional search fees. -
IP Cases & Articles
Repeal of Two-Year Rule for Divisional Applications
It has been reported that on 16 October 2013 the EPO Administrative Council agreed to amend Rules 36 and 135 EPC, effectively ending the two-year rule for divisional applications. Amended Rules 36(1) and 135(2) EPC will revert to the previous system of allowing the filing of divisional applications as long…
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