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  • IP Cases & Articles

    Cantel v Arc Medical: Secondary Evidence for Obviousness

    Posted on 15 March 2018
    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

    Student Union Lettings v Essex Student Lets

    Posted on 15 March 2018
    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

    CROCS EU design: risks of prior disclosure worldwide

    Posted on 19 March 2018
    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

    UK joins Hague system for international registered designs

    Posted on 21 March 2018
    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

    WHOIS data and the GDPR: have your say

    Posted on 22 March 2018
    ​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

    IP & Brexit: the draft agreement on UK withdrawal

    Posted on 29 March 2018
    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.
    Matthew Dick
    Matthew Dick
    Partner, Solicitor
    Tamsin Holman
    Tamsin Holman
    Partner, Solicitor
  • IP Cases & Articles

    .eu domain names: IP & Brexit

    Posted on 10 April 2018
    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

    Defining FRAND terms - end of the beginning?

    Posted on 24 April 2018
    ​As we have previously reported (see related articles for links), last year the High Court of England & Wales handed down a judgment in Unwired Planet v Huawei, which determined the terms of a licence for Unwired Planet’s Standard Essential Patents (SEPs) relating to mobile communication technologies on fair reasonable…
    Jonathan DeVile
    Jonathan DeVile
    Partner, Patent Attorney
  • IP Cases & Articles

    Broad Institute CRISPR patent revoked: lack of priority

    Posted on 24 April 2018
    ​An EPO opposition division recently revoked The Broad Institute’s patent EP2771468, which is the first of a number of its patents relating to the CRISPR / Cas system to come before the EPO’s opposition divisions.
    Matthew Caines
    Matthew Caines
    Partner, Patent Attorney
  • IP Cases & Articles

    EPO patent assignment recordal: signatures & evidence

    Posted on 24 April 2018
    The EPO’s approach to assignment recordal has changed over the last two years. At D Young & Co we have seen that the new approach has required applicants to provide more detailed documentation in support of their request which often results in the recordal taking longer than expected.

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