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IP Cases & Articles
Acacia v Pneusgarda: right to repair & Community designs
The relationship between the need to repair an item and the intellectual property rights vested in that item is a vexed one, particularly as the market for spare parts can be lucrative. -
IP Cases & Articles
Actavis v Eli Lilly: Ripples
The ripples of the UK Supreme Court’s decision in Actavis v Eli Lilly continue to be seen in UK jurisprudence. In BL 0/664/17 Ajit Lalvani, Kartar Singh Lalvani and Robert Peter Taylor, the UK Intellectual Property Office (UKIPO) considered whether EPO jurisprudence was now binding in preference to UK jurisprudence… -
IP Cases & Articles
The exercise of discretion to extend UKIPO deadlines
Adherence to deadlines and the intellectual property office’s exercise of discretion to extend those deadlines is a core issue for every patent attorney. In BL O/660/17 Cummins-Allison Corp, 21 December 2017, the UK Intellectual Property Office has considered its ability to exercise that discretion. -
IP Cases & Articles
New UK patent fees due in April 2018
The UK government launched a consultation on increases and changes to patent fees in April 2017, and has now proposed changes to patent fees and the fee structure that will take effect on 6th April 2018. -
IP Cases & Articles
T 0699/12: guidance on the therapeutic methods exclusion
The therapeutic methods exclusion is often problematic to navigate. In T 0699/12, the Technical Board of Appeal (TBA) of the European Patent Office has provided some useful guidance on its application. -
IP Cases & Articles
Glaxo v Sandoz: trade mark survey evidence
In England, obtaining permission to adduce survey evidence in support of a trade mark or passing off claim can be problematic. In Glaxo Wellcome UK v Sandoz, the High Court has again considered an application for survey evidence. -
IP Cases & Articles
W3 v easyGroup: Trade Mark Infringement
Is easyGroup’s trade mark for “easy” for advertising and temporary accommodation services valid and, if so, is it infringed by the sign EasyRoommate? In W3 v easyGroup, the English High Court has held not. -
IP Cases & Articles
Burgerista Operations v Burgista Bros: infringement
Is the trade mark "BURGERISTA" for restaurant, canteen and bar services valid and infringed by the sign "BURGISTA" for the same services? The Intellectual Property Enterprise Court (IPEC) has held that it is. -
IP Cases & Articles
TM jurisdiction: Hummel, Nintendo & Parfummarken
A series of recent cases (Hummel Holding v Nike, Nintendo v BigBen Interactive and Parfummarken) have considered the circumstances in which national courts have jurisdiction over entities not based within that member state. Here we review some of the key decisions. -
IP Cases & Articles
Look sharp! Thorny issues in Cactus decision
In 2009, Mrs Del Rio Rodríguez applied to register the mark shown below for horticultural goods and services in classes 31, 39 and 44 , including: ‘Seeds, natural plants and flowers’; the distribution of such goods; and gardening services.
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