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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
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
.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
Defining FRAND terms - end of the beginning?
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… -
IP Cases & Articles
Broad Institute CRISPR patent revoked: lack of priority
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. -
IP Cases & Articles
EPO patent assignment recordal: signatures & evidence
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. -
IP Cases & Articles
US tribal sovereign immunity: Allergan & Saint Regis
In a keenly awaited decision the Patent Trial and Appeal Board ruled on the allowability of the Saint Regis Mohawk Tribe’s motion to dismiss a number of outstanding patent cases on behalf of Allergan. -
IP Cases & Articles
The right to be heard: notification by the EPO
The EPO recently published a decision of the Enlarged Board of Appeal regarding R 4/17; this was the eighth ever decision granting a petition for review. Petitions for review are the mechanism provided by the EPO (as set out in Article 112a EPC) for allowing parties to review the decisions… -
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
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…
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