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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… -
IP Cases & Articles
Functional designs: balancing the patent and UK/EU design registration tightrope
In the context of a design that has both aesthetic and technical benefits, a question often asked is whether patent protection and design registration protection can co-exist in respect of this same design. It is an interesting question, because design registration protection, at least as far as the UK and… -
IP Cases & Articles
EPO guidance: mixed-mode (hybrid) oral proceedings
In this article, we discuss an interesting development in which oral proceedings were held in a mixed-mode (hybrid) format where one party was heard “in-person” and the other party was heard by videoconference. -
IP Cases & Articles
A new digital age: European Patent Office scraps the ten-day rule
In November 2022 the European Patent Office (EPO) announced that the ten-day rule, the regime for determining the date on which communications are deemed notified for the purposes of calculating time limits, will be scrapped. -
IP Cases & Articles
T 1946/21: the deadline for transferring right to priority
In T 1946/21, the European Patent Office (EPO) Board of Appeal decided on when a transfer of a right to priority must be effective for a valid claim to priority for a subsequent European patent application.
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