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IP Cases & Articles
Are all book titles equal? Animal Farm and EUIPO doublespeak
Case R 1719/2019-5 concerning an attempt to register ANIMAL FARM at the EUIPO points out inconsistencies in the EUIPO’s decisions regarding the registrability of titles of famous literary works as trade marks. -
IP Cases & Articles
IPEC finds Rothys registered Community design valid and infringed
In what has been dubbed the “last Community design” ruling before the UK courts, the Intellectual Property Enterprise Court (IPEC) found that Rothy’s registered Community design (RCD) for its “Pointed Loafer” ballerina shoes (depicted below left) was valid and had been infringed by Giesswein’s “Pointed Flat” shoes (depicted below right).… -
IP Cases & Articles
Pippi Longstocking: can song lyrics infringe the copyright to a fictional character?
Can song lyrics infringe the copyright to a fictional character? The Regional Court of Hamburg answered this question in the affirmative. This case before the Regional Court of Hamburg concerned the German version of the theme song to the children`s movies “Pippi Longstocking” called “Hey, Pippi Langstrumpf” and was brought… -
IP Cases & Articles
Tefals pan with the famous red spot: proving an indicator of commercial origin
Tefal applied to register the mark (shown below) in the UK for frying pans and related goods in class 21. The application was rejected as being devoid of distinctive character. Tefal submitted evidence of acquired distinctiveness, including a survey. -
IP Cases & Articles
Its like milk but made for humans: Oatly capitalises on controversy in GC distinctiveness decision
The General Court (GC) has overturned the European Union Intellectual Property Office (EUIPO) refusal to register the mark “IT’S LIKE MILK BUT MADE FOR HUMANS”. The General Court was persuaded that Oatly’s slogan met the minimum requirement for distinctive character. -
IP Cases & Articles
G1/19: patenting computer simulation inventions
The EPO’s Enlarged Board of Appeal recently announced its decision in respect of G1/19, which relates to the patentability of computer simulation inventions. Simulation is a widely used tool in many fields of electronics, design and manufacturing, computer engineering, bioengineering, and chemistry to name but a few. Simulation is used… -
IP Cases & Articles
Special report: patents and SPCs post-Brexit pharmas big opportunity?
The United Kingdom has become a fully independent third country to the European Union. In this 32 page special report patent specialists Garreth Duncan and Jennifer O’Farrell shine a spotlight on the impact of Brexit on the pharmaceutical industry, focusing on the challenges ahead as well as areas of opportunity… -
IP Cases & Articles
AI (part one): how does AI interact with UK excluded subject matter provisions?
Recently the UK Intellectual Property Office ran a consultation on artificial intelligence and intellectual property, to which D Young & Co responded with a discussion of the issues raised. In this first article reporting on the consultation, we highlight our view of the definition of “AI” and how this interacts… -
IP Cases & Articles
T2320/16: are ViCo oral proceedings compatible with Art 116 EPC?
While we wait for a decision in G1/21 on whether consent of all parties is required for oral proceedings to be held by videoconference (ViCo), we have been provided with a warm-up act of sorts, thanks to the recent publication of the decision in T2320/16. -
IP Cases & Articles
The World Intellectual Property Day: IP & SMEs
Monday 26 April 2021 is “World Intellectual Property Day”. Since the year 2000 World IP Day has celebrated IP rights and their role in innovation and creativity, as well as commemorating the day on which the World Intellectual Property Organization (WIPO Convention) came into force in 1970.
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