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IP Cases & Articles
IP & Brexit: the facts
The UK Government has today (16 January 2019) issued a guide offering information on the future of intellectual property (IP) laws following the decision that the UK will leave the European Union (EU). -
IP Cases & Articles
Designs: Poul Chang v Bailcast - stay of RCD proceedings
If the owner of a registered Community design commences infringement proceedings against a distributor of an allegedly infringing product before the German courts, should a subsequent claim brought by the manufacturer of that product against the rights holder for a declaration of non-infringement before the UK courts be stayed? This… -
IP Cases & Articles
McDonald's BIG MAC trade mark cancelled due to non-use
Irish fast food chain Supermac’s has successfully cancelled McDonald’s EU trade mark for BIG MAC in a “David and Goliath” dispute. -
IP Cases & Articles
TM infringement: KBF Enterprises v Gladiator Nutrition 3.0
In KBF Enterprises v Gladiator Nutrition 3.0, the Intellectual Property Enterprise Court (IPEC) has found that Mr Singh, "Warrior" from the TV series Gladiator, infringed KBF Enterprises’ trade mark for WARRIOR for food supplements. Mr Singh’s "own name" defence and counterclaim for passing-off failed. The case demonstrates the difficulties in… -
IP Cases & Articles
Geographical indications: UK Government response to consultation
Following our 01 November 2018 article, the Government consultation into the UK GI scheme has been completed. The consultation received 92 responses from a wide range of individuals and other interested parties such as trade associations, trading standards bodies and non-profit organisations. Following consideration of the replies the UK Government… -
IP Cases & Articles
International industrial design applications no longer require power of attorney
D Young & Co trade mark partner Jana Bogatz provides an update in the February 1st edition of INTA Bulletin concerning the removal of the requirement to submit a power of attorney at the time of filing an application for the international registration of industrial designs as of 01 January… -
IP Cases & Articles
Added matter: disagreement between Patents Court & EPO
Added Matter: disagreement between Patents Court and EPO, plus an injunction covering more than the claimed medical use indication. Novartis Pharmaceuticals UK Limited v Dr Reddy's Laboratories (UK) Limited [2019] EWHC 92 (Pat). -
IP Cases & Articles
" > RAID: "use in the course of trade"
In APT Training v Birmingham & Solihull Mental Health NHS Trust, the Intellectual Property Enterprise Court (IPEC) has considered whether the former’s trade marks for RAID have been infringed by the latter’s use of the sign RAID. In doing so, it has considered and applied the law relating to "use… -
IP Cases & Articles
Hague design application admin changes now in force
With effect from the start of 2019, two key administrative changes came into force at the World Intellectual Property Organisation (WIPO) concerning the handling of international Hague registered design applications. Under the Hague design registration system, it is possible to obtain registered design protection in a number of territories around… -
IP Cases & Articles
Patenting AI: certainty at last from the EPO?
In recent years the importance of artificial intelligence (AI) and machine learning (ML) has grown relentlessly as its application has spread to ever more areas. While just a few years ago AI and ML were of central importance primarily in the computing field, they are now becoming increasingly critical elements…
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