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IP Cases & Articles
WIPO Hague design system upcoming changes to the rules
Following a recent announcement from WIPO, a number of welcome amendments have been made to the rules of procedure relating to the Hague design registration system. These amendments will come into force on 01 January 2022. -
IP Cases & Articles
G 1/21: oral proceedings by video conference permitted but suboptimal
The written decision confirming the order of the Enlarged Board of Appeal in G1/21 and setting out the reasoning behind it has now been issued. Notably, it states that in-person hearings should be the default option for Boards of Appeal and video conferencing is suboptimal format compared to in-person oral… -
IP Cases & Articles
T 3072/19: when can a comparative test be used to demonstrate a technical effect?
A recent decision from the EPO Board of Appeal considered whether a comparative test (which was described in the application as filed) could be used to shown an improvement over the prior art. In T 3072/19, independent claim 1 of the main request was directed to an insecticide composition: -
IP Cases & Articles
Lennox Estates v S&W Ventures Lennox Estates wins rare IP summary judgment
The UK’s Intellectual Property Enterprise Court (IPEC) has held in favour of the claimant in a relatively rare example of the court granting summary judgment in respect of intellectual property. -
IP Cases & Articles
Brand enforcement in the metaverse: time for a re-think?
The growth of the metaverse (simulation environments pertaining to aspects of real life) has provided a fantastic opportunity for many companies seeking to develop their brand image. Frequently these days, it is common to see companies advertising their brand and products in these virtual environments, such as FORTNITE or ROBLOX,… -
IP Cases & Articles
T 1989/18: adaptation of the description of a European patent application
Prior to grant of a European patent application, examiners often request the description to be adapted for consistency with the subject matter of the allowable set of claims. This became a more onerous exercise following an update to the EPO Guidelines for Examination in March 2021, which set out a… -
IP Cases & Articles
Nissan v EUIPO: General Court rules that E-POWER and VDL EPOWER are not confusingly similar
In Nissan Motor Co Ltd v European Union Intellectual Property Office (EUIPO) (Case T-755/20), the General Court dismissed Nissan’s appeal and found that VDL Groep’s EU trade mark application for VDL E-POWER was not confusingly similar to Nissan’s UK and French registrations for the figurative mark E-POWER in relation to… -
IP Cases & Articles
Government consultation on possible reform to UK design law have your say!
In what is very timely news, the UK Government has released a consultation on whether changes are required to the existing UK design law framework. The consultation is in the form of a survey, and is open for responses until 07 February 2022. -
IP Cases & Articles
Application starts a hare running: Little Hare Gin v Harrogate Distillery (Whittakers Gin)
This is a somewhat cautionary tale/reminder in relation to UK trade mark opposition proceedings. The case concerned an application by LITTLE HARE GIN COMPANY LIMITED for a series of the six marks shown below, LITTLE HARE GIN with an image of a hare. -
IP Cases & Articles
Stealth mode: acquiring an earlier registration cannot substitute infringement with genuine use
In UK High Court proceedings concerning the use of the STEALTH and STEALTH VR trade marks in relation to video game headsets by ABP Technology Ltd and Voyetra Turtle Beach, Mr Justice Miles rejected the claimant’s summary judgment application and partially allowed the defendants’ proposed amendments to their defence and…
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