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IP Cases & Articles
Allergan Holdings France v EUIPO; and Dermavita Co Ltd v EUIPO
The General Court has issued two decisions in a tussle between Allergan and Dermavita concerning a revocation against the mark JUVEDERM ULTRA. The interesting questions arising from the proceedings were whether (i) it is possible for use evidence to support goods in two different Nice classes, and (ii) EU Directives… -
IP Cases & Articles
IPEC considers post-sale confusion and passing off
The UK’s Intellectual Property Enterprise Court in Freddy SPA v Hugz Clothing Ltd & ors [2020] EWHC 3032 (IPEC) has given a decisive victory to the claimant in a case that considers the importance of the role that passing off, patents and unregistered designs can play when combatting copycats in… -
IP Cases & Articles
WIPO new email address requirements for Hague design registrations
In a bid to push through to communication via entirely electronic means, new legislation from WIPO, which came into effect from 01 February 2021, now requires any international Hague design application submitted on or after this date to provide an email address for the applicant of the Hague design application.… -
IP Cases & Articles
Timing is everything: late-filed amendments affecting procedural economy
It has become increasingly challenging for parties to have new requests, facts, evidence and/or objections admitted into appeal proceedings; more so following the introduction of the revised Rules of Procedure of the Boards of Appeal (RPBA) on 01 January 2020 [see note 1, below], which arguably codified what practitioners had… -
IP Cases & Articles
Appeal fees: correcting incorrect appeal fee payments
At the European Patent Office (EPO) the appeal process is usually the last chance to have arguments considered. However, the appeal process can be complicated with a number of procedural steps that must be followed in order to avoid risking the appeal being considered to be inadmissible. In T 0444/20,… -
IP Cases & Articles
5G networking: non-public networks & network slicing
A significant aspect of fifth-generation (5G) networking is its support for the internet of things (IOT). The IOT broadly refers to the increasing integration of different classes of devices within wireless networks. As part of this drive towards universal connectivity, an ever-growing range of smart devices is now available -… -
IP Cases & Articles
Design registrations via the Hague system: Guernsey quietly makes a welcome entrance
With respect to the international Hague design registration system, proposed law changes by The Bailiwick of Guernsey will soon mean that future Hague design registrations, which designate the UK, will additionally be extended to cover Guernsey free of charge, and without the need for any separate re-registration before the Guernsey… -
IP Cases & Articles
Priority right - prove it or lose it
In a recent appeal decision (T 407/15), an application was refused as obvious after the applicant failed to prove it had the right to claim priority. -
IP Cases & Articles
5G: unlocking innovation with ultra-reliable low-latency communication
As its name suggests, the fifth generation (5G) of telecommunications standards for broadband cellular networks represents an enhancement over fourth generation (4G) long term evolution (LTE). However, this enhancement goes beyond the faster speeds and increased reliability we have come to expect from successive generations of those standards. -
IP Cases & Articles
EPC changes regarding inventors
A minor change is being made to the EPC regarding inventors (Rule 19 EPC and 143 EPC); in particular, the changes concern the notifications of inventors relating to the provision and use of inventor addresses.
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