EU

12 key developments in trade mark law you might have missed in 2017

Missed any of the big trade mark developments from 2017?  Key developments include the Supreme Court finding that there is potential criminal liability for dealing in parallel imports under section 92(1) the Trade Marks Act 1994 and the Court of Appeal … Continue reading

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Filed under Consumer products, EU, Trade marks & Passing-off, UK, Uncategorized

BREXIT AND IP – LAW SOCIETY NOTE CALLS FOR GOVERNMENT ACTION

The exact mechanics of how Brexit will materialise and what it would mean for intellectual property rights in the UK is still unclear. However, time is now running short and the main representative bodies for IP practitioners have become concerned … Continue reading

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Filed under Brexit, Consumer products, Copyright, Designs, EU, Patents, Pharma, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, UK

THE UNIFIED PATENT COURT (UPC) – OPEN FOR BUSINESS IN 2018?

At the start of 2017 the expectation was that the UPC Agreement would achieve the required ratification levels and that the UK could well ratify in advance of Brexit in order to become a full participant, even given the question marks that arose … Continue reading

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Filed under Brexit, EU, Pharma, The Unified Patent Court and the Unitary Patent, UK

CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS

In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through … Continue reading

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Filed under Advertising, Consumer products, EU, Licensing, Trade marks & Passing-off, Transactions, UK

CJEU RULES THAT A CLOUD BASED SERVICE FOR REMOTE RECORDING IS A COMMUNICATION TO THE PUBLIC AND SO MUST OBTAIN THE RIGHTS HOLDERS’ CONSENT

This is a further case which reinforces the importance and strength to rights holders of the right to communicate a copyright work to the public provided by Article 3 of the Copyright Directive (2001/29). The CJEU held that a cloud … Continue reading

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Filed under Copyright, EU, Media, Technology, media & telecommunications

PATENT AND PHARMA UPDATE – November 2017

Key recent developments in the United Kingdom and Europe relating to the patents and pharmaceutical sector. One of the most significant developments in the patent law arena in recent years has been the decision of the Supreme Court in Actavis … Continue reading

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Filed under EU, Patents, Pharma, SPCs, The Unified Patent Court and the Unitary Patent, Threats, UK, Uncategorized

November UPC Update

In June we gave an update on the progress of the UPC, including the announcement by the UPC Preparatory Committee that the 1 December 2017 start date could not be maintained. We reported on the need for ratification of the UPC Agreement, … Continue reading

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Filed under EU, The Unified Patent Court and the Unitary Patent, UK

EU Trade Mark reforms come into force – motion, hologram and multimedia marks can now be registered

A number of EU trade mark reforms came into force on 1 October 2017.  The key changes are: The graphical representation requirement has been abolished. In theory, it should now be easier to file non-traditional forms of marks at EU … Continue reading

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Filed under Advertising, Consumer products, Counterfeiting, EU, Trade marks & Passing-off, UK

“PORT CHARLOTTE” Whisky does not infringe the EU protected designation of origin (PDO) “PORTO” or “PORT” – Consideration needed urgently for protection of PDOs and GIs, UK and EU-wide, post-Brexit

The CJEU has confirmed that “Port Charlotte”, registered as an EU trade mark for whisky, does not evoke (infringe) the protected designation of origin (PDO) for “porto” or “port”. The decision will be significant for consumer products businesses as it … Continue reading

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Filed under Brexit, Consumer products, EU, GIs, PDOs, Trade marks & Passing-off, UK

Exhaustion, economic links and “unitary control” – the AG’s opinion in the Schweppes trade mark reference

Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State (MS) by a separate entity) where, given the economic links between the trade mark holder and the … Continue reading

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Filed under Brexit, Consumer products, EU, Trade marks & Passing-off, UK