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IP Cases & Articles
SPCs post-Brexit: UK Court of Appeal sticks with the CJEU in Merck decision
The UK Court of Appeal has recently handed down its decision in the much awaited Merck Serono v Comptroller-General of Patents case [2025] EWCA Civ 45. In its decision, the Court of Appeal outlined that it was bound by its own previous decision, which aligned with assimilated Court of Justice… -
IP Cases & Articles
Oral proceedings in case G 1/24 (Heated aerosol) before the Enlarged Board of Appeal
Today 28 March 2025, from 10:00 CET, the Enlarged Board of Appeal of the European Patent Office (EPO) held oral proceedings in referral G 1/24 (“Heated aerosol”), made by Technical Board of Appeal 3.2.01 by interlocutory decision T 439/22 relating to European patent EP3076804. -
IP Cases & Articles
Increase in renewal fee for EU designations in a Hague design registration
The European Union Intellectual Property Office (EUIPO) has notified its intention to the World Intellectual Property Organization (WIPO) to increase the official fee payable for renewing an EU designation from a Hague design registration. This increase will take effect from 19 May 2025, and will see the amount of the… -
IP Cases & Articles
Updated EPO guidelines 01 April 2025
The 2025 European Patent Office (EPO) guidelines, which supersede the March 2024 version, entered into force on 01 April 2025. Having reviewed the previews of the 2025 guidelines, below we discuss three key updates. -
IP Cases & Articles
UPC rejects cost awards for access requests: no legal basis for costs on pleadings and evidence access
The UPC Court of First Instances have held there to be no legal basis for costs to be awarded following a request for access to written pleadings and evidence under Rule 262.1(b) of the UPC Rules of Procedure. These rulings provide welcome reassurance for third parties that they are unlikely… -
IP Cases & Articles
Meril v Edwards: UPC refused to stay proceedings despite imminent EPO decision
In a series of orders in Meril v Edwards, the Unified Patent Court (UPC) Court of Appeal has provided further clarification for stays of infringement proceedings, when opposition proceedings are running in parallel before the European Patent Office (EPO). -
IP Cases & Articles
Securing the future: cryptographic resilience to quantum threats
Quantum computers have the potential to be faster and more efficient for certain applications which can effectively utilise their unique properties such as superposition and entanglement. As the tip of the iceberg, generative artificial intelligence (AI) will experience faster training and performance, improved creativity, and efficiency limits will be surpassed.… -
IP Cases & Articles
ECOVIE and ECOVER: General Court finds likelihood of confusion
In a recent decision, the General Court overturned the EUIPO Board of Appeal’s finding in an opposition between the EU figurative mark shown below and the earlier ECOVER marks, which are known for their use on eco-friendly cleaning products. The opposition was based on a likelihood of confusion under Article… -
IP Cases & Articles
3D mark with a technical function? High Court re-enforces difficulties in registration
In this recent High Court case, Mr Justice Smith re-enforced how difficult it can be to acquire and maintain rights in a 3D trade mark, particularly when its shape protects features with a technical function. -
IP Cases & Articles
UK Governments response to second consultation: trade marks & designs update
The UK Intellectual Property Office (UKIPO) launched its “One IPO Transformation” programme in 2021, with the ambition of enhancing and modernising its digital services for intellectual property rights in the UK. Between 22 August 2023 and 31 October 2023, the UK Government ran a consultation on how the trade mark,…
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