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IP Cases & Articles
T 1123/16 & T 2963/19: clinical trial protocols as closest prior art
Two recent decisions from the EPO Board of Appeal considered whether clinical trial protocols provide the skilled person with a reasonable expectation of success. The decisions add to the growing body of case law in this area. -
IP Cases & Articles
Salvaging design protection from a PCT patent application
When it comes to protecting an idea in many territories around the world with patent protection, one of the best ways to initiate that process is to pursue an international PCT patent application. Doing so allows a deferment of the decision regarding where to pursue such patent protection, in many… -
IP Cases & Articles
Safe and sound: next level registered IP protection for sounds - trade marks
When it comes to protecting a sound in Europe via intellectual property, one of the best ways to achieve this protection is through copyright. This is so, not least because copyright protection can manifest itself as soon as the sound is first recorded/devised, making the protection easy to obtain, and… -
IP Cases & Articles
Nice classification: virtual goods and NFTs
The EUIPO has issued guidance on its approach to terms containing virtual goods and non-fungible tokens (NFTs). -
IP Cases & Articles
Swatch v Samsung: time for more content review?
The UK High Court recently held that the Samsung Electronics Group infringed Swatch’s trade marks by making infringing third party watch face apps available on its app store. Most notably, Mrs Justice Falk found that Samsung was liable as primary infringer, that it had used the infringing signs in the… -
IP Cases & Articles
ABSOLUT-ly distinctive: vodka bottle found distinctive and to indicate trade origin on appeal
The Absolut Company Aktiebolag (the applicant) sought to register a 3D mark as a European Union trade mark (EUTM) in class 33 alcoholic beverages, namely vodka. -
IP Cases & Articles
Tick, Tock, TikTok: metronomically descriptive?
This case is a High Court appeal against the decision of a UK Intellectual Property Office (UKIPO) hearing officer to invalidate a registration for TikTok, emphasising the importance of claiming priority when you can, as well as discussing the criteria for considering complementarity between goods and services. -
IP Cases & Articles
A Lidl victory: Tesco and Lidl battle it out over bad faith and survey evidence
The budget supermarket, Lidl, recently succeeded in having Tesco’s bad faith counterclaim struck out, and was permitted to have survey evidence introduced at trial, to assist with the issue of distinctiveness of Lidl’s registered trade marks. -
IP Cases & Articles
The Designs Register at the UKIPO: now more useful with publication information
Extra information is now available on the (UK Intellectual Property Office) UKIPO website, which increases the usefulness of the Register of UK Designs to interested third parties. Specifically, the publication date of the design is now stated. -
IP Cases & Articles
Rules of Procedure of the Unified Patent Court - in force 01 September 2022
Good things take time. The Rules of Procedure of the Unified Patent Court (UPC), supplementing the UPC Agreement (UPCA) and the Statute of the UPC, were adopted by the UPC’s Administrative Committee in a meeting on 08 July 2022 with changes to Rules 4, 5, 5A, 262 and 262A.
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