EU

UPC commencement postponed – Preparatory Committee announces that 1 December 2017 start date cannot be maintained

Latest UPC developments: UPC Preparatory Committee announces that 1 December 2017 start date for UPC has been postponed (7 June 2017) Private challenge to the UPC system made before German Constitutional Court delays progress of Gernan UPCA ratification UPC Protocol on Provisional … Continue reading

Comments Off on UPC commencement postponed – Preparatory Committee announces that 1 December 2017 start date cannot be maintained

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

Patents Court finds SPC based on a Markush formula valid in Sandoz v Searle

The Patents Court has held that Searle's supplementary protection certificate ("SPC") based on a claim setting out a Markush formula is valid. Arnold J considered the interpretation of Article 3(a) of the SPC Regulation and its application to Markush formulae … Continue reading

Comments Off on Patents Court finds SPC based on a Markush formula valid in Sandoz v Searle

Filed under EU, Patents, Pharma, UK, Uncategorized

Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

The CJEU has issued its ruling in Filmspeler that the sale of a multimedia player specifically configured to link to websites on which protected works are made available to internet users, without the consent of the copyright holders, is a … Continue reading

Comments Off on Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

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

The Unified Patent Court and Unitary Patent – Introduction

Consistent progress has been made towards the establishment of a unitary patent right (UP) across most countries in the EU. 26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish this new … Continue reading

Leave a Comment

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

UPC Preparatory Committee releases a “final” update to the 18th draft of the UPC Rules of Procedure

The UPC preparatory committee has released an updated version of the 18th draft of thee UPC Rules of Procedure (with amendments being dated 15 March 2017), which can be accessed here. Subject to formal adoption, we understand that this update … Continue reading

Leave a Comment

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

UPC Prep Committee signals readiness at final meeting

The UPC Preparatory Committee held its final meeting on 15 March at which it agreed a collection of legal, HR and financial documents and confirmed that the Provisional Application Phase could commence once the final Signatory States had acceded to … Continue reading

Leave a Comment

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

Helping FMCG businesses plan for a post-Brexit future

Businesses with interwoven supply chains across the EU and beyond have already felt the effects of a weaker pound, with increasing costs of sourcing raw materials and packaging leaving some organisations no choice but to inflate consumer prices. Combine this … Continue reading

Leave a Comment

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

Brexit: Intellectual Property

Whatever future relationship the UK has with the rest of the EU, the effect of the Great Repeal Bill, once enacted, will mean that any existing intellectual property law having effect in the UK will continue to apply as it … Continue reading

Leave a Comment

Filed under Consumer products, Designs, EU, Licensing, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, Transactions, UK

CJEU rules that comparative advertising based on prices in shops of different sizes and formats may be unlawful and misleading in certain circumstances

Further to a reference from the Paris Court of Appeal in a case between Carrefour Hypermarchés SAS and ITM Alimentaire International SASU, the CJEU has issued its ruling on the lawfulness of comparative advertising focussing on the prices charged by … Continue reading

Leave a Comment

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

The Rubik’s Cube to lose its shape mark protection

Joel Smith and Sarah Burke have had an article published in OUP's Journal of Intellectual Property Law and Practice: "The Rubik's Cube to lose its shape mark protection" published on 22 January 2017, which discusses the European Union's General Court decision of 10 November … Continue reading

Comments Off on The Rubik’s Cube to lose its shape mark protection

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