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IP Cases & Articles
Kerrygold v Kerrymaid - is the element kerry distinctive in the EU?
In this decision the General Court had to decide whether the potentially descriptive meaning of the element “KERRY” (referring to a geographical location in Ireland) and peaceful co-existence in part of the EU would be sufficient to exclude a likelihood of confusion. The General Court said no – at least… -
IP Cases & Articles
Non-use revocation proceedings: German Federal Supreme Court questions relevance of no-challenge agreements
In T-419/16 (Carrera Brands Ltd v the EUIPO, 16 November 2017) the General Court quashed the relevance of contractual non-challenge agreements in EU revocation proceedings on grounds of non-use. In a remarkable side blow, the general Court even stated that national courts have no authority to sentence a party under… -
IP Cases & Articles
T-515/19: Legos brick design remains valid
The General Court recently had to consider (in case T-515/19) whether Lego could use the defence of Article 8(3) of the Community Design Regulation (CDR), which exempts modular products from the general “must fit” exclusion from design protection under Article 8(2), and the relationship between the various exceptions of Article… -
IP Cases & Articles
T 1952/18 prior use and inventive step
T1952/18 relates to an appeal against the decision to maintain European patent EP2512840 in its granted form. The appellant (opponent) requested that the patent be revoked while the respondent (patentee) requested that the patent be allowed in an amended form. -
IP Cases & Articles
Is this the end of ViCo before the EPO without consent of all parties?
In the pending referral before the Enlarged Board of Appeal, G 1/21, there is posed an important question for all parties involved in oral proceedings before the EPO. Namely: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined… -
IP Cases & Articles
General Court deserves a grilling
Grilloumi Food International AB is a subsidiary of Fontana, a Swedish food and beverage company. In 2009 the business was successful in registering the trade mark GRILLOUMI in classes 29 and 30 covering a range of goods including milk products. The application proceeded to registration unchallenged and was renewed in… -
IP Cases & Articles
UK Government launches consultation on exhaustion of IP rights
In the European Economic Area (EEA), namely the member states of the European Union plus Iceland, Liechtenstein and Norway, IP rights are considered “exhausted” once goods have been placed on the market by the IP owner or with the owner’s consent anywhere within the EEA. -
IP Cases & Articles
Postponed G1/21 oral proceedings now set for 02 July 2021
Having previously been scheduled for 28 May 2021, this important referral before the Enlarged Board of Appeal will now take place on 02 July 2021. -
IP Cases & Articles
" > From the Financial Times: "Delayed Europe patent court launch prolongs frustration"
D Young & Co Partner Rachel Bateman is quoted in today's edition of the Financial Times which discusses the EU's new intellectual property policy and the Unified Patent Court (UPC). -
IP Cases & Articles
EPO decides double patenting is a ground for refusal in G4/19
The Enlarged Board of Appeal of the European Patent Office has issued decision G 4/19 (double patenting) in which it holds that a European patent application can be refused by reason of the prohibition on double patenting.
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