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IP Cases & Articles
Post Brexit: patents & the UPC
There is no change to the way patents can be filed and prosecuted. It is business as usual. The UK will continue to be a member of the European patent system, which is governed by the EPC, a treaty between contracting states to the EPC that is, and will remain,… -
IP Cases & Articles
Post Brexit: copyright
With regard to copyright, the UK Government explains that, as a result of the UK’s membership of the main international treaties on copyright (which will not be affected by Brexit), the scope of protection will remain largely unchanged. Further, the EU Regulations and Directives on copyright and related rights will… -
IP Cases & Articles
Post Brexit: exhaustion of rights
D Young & Co is fully prepared for Brexit and it will be very much business as usual whatever date the UK leaves the EU. We have offices in the UK and Germany and this will allow us to continue operating on your behalf on UK, German and EU intellectual… -
IP Cases & Articles
Post Brexit: geographical indications
The UK Government has confirmed that it will set up its own GI schemes which will be WTO TRIPS compliant, broadly mirror the current EU regime and be no more burdensome to producers. This will apply from exit day. -
IP Cases & Articles
EOS Neuroscience: method of treatment excluded subject matter
Is a method for treating pain, which has an implied surgical step essential to the method, not capable of being patented? This was the issue addressed by the Hearing Officer, Dr Cullen, in an appeal from the examiner at the UK Intellectual Property Office. The decision offers those patentees involved… -
IP Cases & Articles
Unwired Planet v Huawei: UK Court of Appeal dismisses appeal
In 2017, following infringement and validity trials relating to standards essential patents (SEPs) held by Unwired Planet, a trial was held to determine whether Unwired Planet could obtain an injunction if Huawei refused to take a licence, even though the patents were subject to FRAND (“Fair, Reasonable and non-discriminatory”) commitments. -
IP Cases & Articles
Gene-edited organisms classified as GM in the EU: C-528/16
The Court of Justice of the European Union (CJEU) recently decided that organisms that have been subjected to non-“conventional” mutagenesis techniques must be classified as genetically-modified organisms (GMOs). -
IP Cases & Articles
DOCERAM v CeramTec: aesthetic v functional design protection
This CJEU decision confirms the Advocate General’s opinion that design features are not protectable by design law, if, from an objective point of view, they have been chosen solely on the basis of considerations of functionality. The CJEU confirms that the correct approach is one of “no aesthetic consideration” instead… -
IP Cases & Articles
Teva v Gilead: SPC combination products
In Teva v Gilead, the Patents Court of England and Wales has now given judgment on the validity of Gilead’s supplementary protection certificate (SPC) for its drug Truvada®, an anti-HIV drug which is a combination of two active ingredients, tenofovir disoproxil and emtricitabine. This follows a trial in 2016, from… -
IP Cases & Articles
Conversant Wireless v Huawei & ZTE: FRAND & Anti-Suit Injunctions
In parallel proceedings in different jurisdictions between an SEP owner and prospective licensee, what relief is available if the prospective licensee pleads in one jurisdiction that the conduct of the SEP owner (by commencing litigation in another jurisdiction) breaches FRAND principles? In a recent judgment, the English Patents Court has…
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