“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 post below was first published on our Intellectual Property blog 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 confirms that EU (not national) law … Read more

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

The European Commission has published “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 of Union law by both UK and EU 27 (the remaining EU states) holders of … Read more

IP NOTES BLOG LAUNCHES

Herbert Smith Freehills is pleased to announce the launch of its new Intellectual Property Notes blog, where you will find articles, commentary and updates on the latest IP developments, including the impact of Brexit. As the UK negotiates the terms of its withdrawal and the nature of its future relationship with the European Union, IP … Read more

Patent and Pharma Update – June 2017

The post below was first published on our Intellectual Property blog 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. Read more

UNLAWFUL STREAMING IS AS INFRINGING AS UNLAWFUL DOWNLOADS – FURTHER GUIDANCE FROM THE CJEU ON “COMMUNICATION TO THE PUBLIC”

The post below was first published on our Intellectual Propertyblog 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 ‘communication to the public’ within the … Read more

HELPING FMCG BUSINESSES PLAN FOR A POST-BREXIT FUTURE

The post below was first published on our Intellectual Property blog 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 with the uncertainty of tariffs, access … Read more

LAW CATCHES UP WITH FREE TV STREAMING SITES

The post below was first published on our Intellectual Property blog ITV & Others v TVCatchup: CJEU Rules S.73 CDPA defence not applicable to online streaming of live broadcasts. The CJEU has issued its ruling on the latest question referred to it in the long-running dispute between ITV (and others) and TVCatchup, as to whether Article 9 … Read more