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IP Cases & Articles
Pemetrexed: UK Supreme Court rewrites scope of patent protection
In a ground-breaking decision (Actavis v Eli Lilly), the UK Supreme Court found Actavis’ proposed generic pemetrexed product to directly infringe Eli Lilly’s patent (EP 1313508), overturning the findings of the lower courts who found no direct infringement. -
IP Cases & Articles
Appointed Person design appeal: Erol v Javaid
The first ever registered designs Appointed Person decision has been handed down. This was made possible by the Intellectual Property Act 2014 which allows for appeals to the Appointed Person in UK design cases. -
IP Cases & Articles
BMW v Technosport: trade mark use for repair services
A recent Court of Appeal judgment has confirmed that use of a trade mark alongside another trading name could well result in consumers assuming a commercial link between the two. -
IP Cases & Articles
Likelihood of confusion comparison in EU languages
In a recent decision of the EUIPO, the opposition division found that the trade mark HUAWEI was confusingly similar to WAWEI (device). The comparison of trade marks included an analysis in a number of European Union languages. -
IP Cases & Articles
Community designs: lessons to achieve shorter trials
UK Court provides practical guidance in relation to claims for infringement of registered Community designs (RCDs) and related counterclaim. -
IP Cases & Articles
Position marks: Christian Louboutin v Van Haren Schoenen
This Advocate General (AG) opinion suggests that obtaining/retaining protection for non-traditional signs (in particular position marks) may become increasingly difficult. -
IP Cases & Articles
Offended by Brexit? Brexit Drinks v EUIPO
In July 2016, Brexit Drinks Ltd (the applicant) applied to register the word mark BREXIT in the EU in classes 5, 32 and 34 for goods including supplements, energy drinks and cigarettes. -
IP Cases & Articles
EU trade mark law reforms 2017
Regulation (EU) 2017/1001 repeals Regulation 207/2009 and comes into force on 01 October 2017. -
IP Cases & Articles
Advocate General: SCHWEPPES and trade mark exhaustion
Is the licensee of the proprietor of a national mark prevented from invoking the exclusive rights of the proprietor under the law of the member state in which the trade mark is registered, in order to object to the importation and marketing in that state of goods bearing an identical… -
IP Cases & Articles
UK patent benefits: UKIPO analyses UK patent system
In August, the UK Intellectual Property Office (UKIPO) published a report analysing the performance of the UK patent system. This report uses data analysis, attorney and company interviews and existing academic literature to review how companies patent in the UK, who patents in the UK, and how the UK system…
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