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IP Cases & Articles
Computer implemented inventions at the EPO: a guide for applicants and tips for attorneys
Whether your invention involves artificial intelligence (AI), computer programs, or other computer-related innovations, it can be easy to fall foul of the approach taken by the European Patent Office (EPO) to excluded subject matter. However, the EPO’s approach to handling these kinds of inventions can be confusing and is not… -
IP Cases & Articles
British Hairways: pun intended, but does that make it registrable?
This decision of the Bundespatentgericht (German Federal Patent Court or BPatG) focuses on parodic signs and whether these can be opposed based on well-known trade marks. -
IP Cases & Articles
UKIPO One IPO Transformation Programme second consultation: a trade mark and design update
The UK Government has launched a consultation on how the trade mark and design system can deliver better digital services. The consultation marks the next stage of the “One IPO Transformation Programme”, a five-year initiative to modernise and improve the existing services, policy and practice of the current UK intellectual… -
IP Cases & Articles
Bulls shoot and miss: UKIPO rejects invalidity proceedings brought by the NBA
NBA Properties Inc (the National Basketball Association or NBA) has failed in its attempt to have the Pizza Texas Bulls Inc figurative bulls head mark declared invalid. -
IP Cases & Articles
Bit(s) not your coin: Wright v BTC Core
There are multiple cases currently ongoing in the High Court of England and Wales that revolve around Dr Craig Wright’s claim to be Satoshi Nakamoto, the pseudonymous creator of the Bitcoin system. In this particular offshoot, Dr Wright is suing a host of defendants for infringements of copyright and database… -
IP Cases & Articles
Colour change counts: but only if the mark is distinctive enough
The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has upheld a decision in favour of the footwear and sportswear brand Hummel, in a revocation action brought by the exercise brand Barry’s Bootcamp, with use of a black figurative mark on a white background being successfully proven through reliance… -
IP Cases & Articles
Advertising climate neutrality: German courts establish divergent requirements
July 2023 delivered multiple decisions regarding advertising in Germany using “green claims”. The three cases concerned the packaging and print advertising of various products by manufacturers which claim to be “climate-neutral”. Jurisprudence since the 1990s has established that climate protection is an increasingly important topic for consumers, which can heavily… -
IP Cases & Articles
Hague design registration system update: reduced official fees for designating China
In a welcome announcement concerning the international Hague design registration system the individual designation fees for designating China in a Hague design application are to be reduced by around 20%. This reduction in fees will take effect on 01 October 2023, and hence be applicable for any new Hague design… -
IP Cases & Articles
J 0005/23: EPO stops use of electronic signatures on assignment documents
We will all be aware that electronic signatures are now widely used for signing legal documents such as contracts and assignments. It was therefore no surprise that the European Patent Office (EPO) published a notice in OJ 2021, A86, accepting, for the purposes of recording a transfer of ownership, assignment… -
IP Cases & Articles
UPC: four months since the start, what have we learnt?
After a frantic start to 2023 with opt-out strategy discussions and decisions, followed by bulk opt-out filings via the UPC case management system, the 01 June 2023 saw the long-awaited beginning of the Unified Patent Court (UPC). We are now four months into the new system, and have started to…
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