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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 – pharma’s 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. -
IP Cases & Articles
Launch of the UKIPO One IPO transformation programme
On Friday 22 April the UK Intellectual Property Office (UKIPO) launched its One IPO transformation programme. The One IPO programme is a five-year project to modernise and integrate intellectual property rights in the UK. -
IP Cases & Articles
J0009/18: four substantial procedural violations and a legal inaccuracy
Appeals against the Receiving Section at the EPO tend to be few and far between. Nevertheless such appeals tend to relate to procedural matters and can deal with complex matters of law. In this case, the Board of Appeal identified a total of four substantial procedural violations that had occurred… -
IP Cases & Articles
Brexit and the UK design registration database – cloning process almost (but not yet fully) complete
Following the end of the transition period on 31 December 2020 concerning the departure of the United Kingdom from the European Union, the UK Intellectual Property Office (UKIPO) has been working to update the UK design register to include all of the newly ‘cloned’ UK design registrations stemming from affected… -
IP Cases & Articles
Original Beauty Technology v G4K Fashion: “Passing off is not a tort of unfair competition�
Original Beauty Technology (the claimants)s and G4K Fashion (the defendants) operate online businesses and design and sell “bodycon� and “bandage� style dresses under the brands HOUSE OF CB and OH POLLY (respectively). The Original Beauty Technology also owns and operates sister brand MISTRESS ROCKS, which is aimed at a slight… -
IP Cases & Articles
Happily eva after! Time to get re-aqua-ainted with global assessment
In February 2019, EvaQua s.r.o. (EvaQua) applied to register the EUTM (below left) in class 32. Envasados Eva S.A. (Eva) opposed the application under Articles 8(1)(a) and (b) based on a number of earlier rights, all covering identical goods. The opposition was assessed on the basis of the mark shown…
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