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IP Cases & Articles
TQ Delta v ZyXEL: essential reading for SEP owners
This case is essential reading for SEP holders. It is a helpful reminder of the law of obviousness, where the invention is the identification of the problem, not the solution. It also offers some useful guidance on the procedural issues regarding SEP and (F)RAND trials and guidance on when a… -
IP Cases & Articles
Brexit" > WIPO: implications for Hague System users in case of a "no deal" Brexit
D Young & Co trade mark partner Jana Bogatz provides an update in the April edition of INTA Bulletin concerning the implications of a "no deal" Brexit to existing international design registrations that designate the European Union. -
IP Cases & Articles
Are you authorised? CJEU asked to rule on third party SPCs
The UK Patents Court has referred a question to the Court of Justice of the European Union (CJEU) regarding the grant of supplementary protection certificates (SPCs) to a party which does not have the consent of the marketing authorisation (MA) holder – so-called “third party SPCs”. The referral would provide… -
IP Cases & Articles
Double patenting - will prohibition end at last?
The approach of the European Patent Office (EPO) to prohibition of double patenting is well established and may, at a first glance, also seem well founded. -
IP Cases & Articles
BDI v Argent: patent entitlement
In BDI v Argent, the English Intellectual Property Enterprise Court (IPEC) has provided a useful summary of the law on entitlement. For those dealing with European patent entitlement issues, it is helpful reading and demonstrates why the IPEC is a useful forum in which to resolve these disputes. -
IP Cases & Articles
Napp Pharmaceutical v Dr Reddys Laboratories
In the UK to enforce an interim (preliminary) injunction, the patentee must give a cross-undertakings as to damages (but not post a bond). In the event that the patent is found to be invalid or not infringed, damages incurred by the injuncted party can be recovered under the cross-undertaking. This… -
IP Cases & Articles
Trump International loses High Court appeal
The High Court has upheld a UK Intellectual Property Office (UKIPO) decision in relation to a trade mark for “TRUMP TV” filed in bad faith. Operations LLC v Comptroller General of Patents, Designs and Trade Marks [2019] EWHC 769 (Ch). -
IP Cases & Articles
Repackaging and reselling luxury goods
The principal issue in this action was whether the purchaser of a product sold under a trade mark within the European Union was entitled to disassemble the product and sell component parts under the trade mark. In other words, would the trade mark proprietor’s rights have been “exhausted” pursuant to… -
IP Cases & Articles
Tapir or (Peppa) Pig?
The General Court found that the differences between the marks were not sufficient to dispel a likelihood of confusion, and as such upheld the application for a declaration of invalidity filed by Entertainment One UK Ltd, the owners of the earlier Peppa Pig figurative mark. -
IP Cases & Articles
Textilis and Ozgur Keskin v Svenskt Tenn
In a preliminary ruling of the Court of Justice of the European Union (CJEU), it has been confirmed that the amendment “or another characteristic” within Article 7(1)(e)(iii) EUTMR 2015/2424 does not have retroactive effect; and that a 2D print affixed to goods such as fabric or paper does not “consist…
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