EU

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

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

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

Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal

The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 September 2017) which proposes that the (Brexit) Withdrawal Agreement should ensure that: The protection enjoyed in the United Kingdom on the basis … Continue reading

Comments Off on Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal

Filed under Brexit, Consumer products, Databases, Designs, EU, Pharma, Technology, media & telecommunications, Trade marks & Passing-off, UK

Unified Patent Court Agreement still on pause despite 14th ratification

Lithuania has now ratified the UPC Agreement (UPCA) (on 24th August 2017) making it the 14th state to do so (see the UPCA ratification index here). Under the terms of the UPCA, the Agreement can only come into effect once … Continue reading

Comments Off on Unified Patent Court Agreement still on pause despite 14th ratification

Filed under EU, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK

Striking a balance on parallel imports

In an article published in the latest edition of CITMA Review, Joel Smith and Emily Bottle comment on the Court of Appeal’s recent judgment in Flynn Pharma Ltd v DrugsRus Ltd [2017] EWCA Civ 226. This case examined how a … Continue reading

Comments Off on Striking a balance on parallel imports

Filed under EU, Pharma, Trade marks & Passing-off, UK

Estonia ratifies the UPC Agreement – 13 ratifications now in place – just Germany and the UK to go

Estonia ratified the UPC Agreement (UPCA) on 1 August 2017, making it the thirteenth contracting member state to do so (see the European Council’s ratification index here). Under the terms of the UPCA, the Agreement can only come into effect … Continue reading

Comments Off on Estonia ratifies the UPC Agreement – 13 ratifications now in place – just Germany and the UK to go

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

Aldi encounters hiccup in the “Champagner Sorbet” CJEU reference

The use of the name “Champagner Sorbet” by the German supermarket chain Aldi for a sorbet dessert containing actual Champagne (12% by volume) was challenged by the Comite Interprofessionel du Vin de Champagne (trade association for Champagne houses) as unapproved (infringing) … Continue reading

Comments Off on Aldi encounters hiccup in the “Champagner Sorbet” CJEU reference

Filed under Advertising, Consumer products, EU, PDOs

Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG’s Opinion is followed by CJEU

Brand reputation is intimately connected with the manner and context in which products are purchased, so the Opinion of the Advocate General of the CJEU in the Coty (C‑230/16) reference (issued on 26 July 2017) will be welcomed by luxury … Continue reading

Comments Off on Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG’s Opinion is followed by CJEU

Filed under Advertising, Consumer products, EU, Technology, media & telecommunications, Trade marks & Passing-off, Transactions, UK

UK Government lays pre-ratification UPC legislation before Parliament

The Unified Patent Court (Immunities and Privileges) Order 2017 was laid before Parliament on 26 June 2017 – see the explanatory memorandum here. This Order implements the Protocol on Privileges and Immunities of the UPC  (the Protocol)  and confers legal status in the UK on … Continue reading

Comments Off on UK Government lays pre-ratification UPC legislation before Parliament

Filed under EU, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK, Uncategorized

BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Following on from its recent decision in Filmspeler, the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), concluding that operators of the online sharing platforms are making a 'communication to the public' within … Continue reading

Comments Off on BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Filed under Consumer products, Copyright, EU, Media, Technology, media & telecommunications, UK

Patent and Pharma Update – June 2017

Our regular Patent and Pharma Update aims to keep you informed of recent developments in United Kingdom and European law relating to patents and the pharmaceutical industry.

Comments Off on Patent and Pharma Update – June 2017

Filed under Brexit, EU, Licensing, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK