UK

UK SUPREME COURT ADOPTS NEW APPROACH TO PATENT INFRINGEMENT

The Supreme Court has redefined the UK approach to determining patent infringement. In doing so, it has made the approach more permissive, seeking to align the UK approach with that taken in other European countries.

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Filed under Patents, Pharma, Technology, media & telecommunications, UK

Herbert Smith Freehills wins IP Team of the Year at the Lawyer Awards

Herbert Smith Freehills has been named IP Team of the Year at The Lawyer Awards 2017, for its work defending one of the largest-ever patent cases to be heard in the UK High Court. Earlier this month, Herbert Smith Freehills … Continue reading

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Filed under Patents, Pharma, 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

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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

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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.

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

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

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

Court of Appeal foils Kit Kat on acquired distinctiveness

In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's appeal in Société des Produits Nestlé v Cadbury UK Ltd … Continue reading

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

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Filed under EU, Patents, Pharma, UK, Uncategorized

More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right to bring an action against the threatener by any person aggrieved by the threat, who may not necessarily … Continue reading

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Filed under Advertising, Agribio, Agribusiness, Consumer products, Copyright, Databases, Designs, Energy, Media, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

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

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