Intellectual property

UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement

The post below was first published on our Intellectual Property blog In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights … Continue reading

Leave a Comment

Filed under Article 50, Intellectual property, TMT & data protection, UK-EU negotiations

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

The post below was first published on our Intellectual Property blog 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 … Continue reading

Leave a Comment

Filed under Intellectual property

“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 … Continue reading

Leave a Comment

Filed under Intellectual property, Manufacturing, Uncategorized

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

The post below was first published on our Intellectual Property blog 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 … Continue reading

Leave a Comment

Filed under Intellectual property

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 … Continue reading

Leave a Comment

Filed under Intellectual property, UK-EU negotiations

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 … Continue reading

Leave a Comment

Filed under Intellectual property

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.

Leave a Comment

Filed under Intellectual property

COUNSEL’S OPINION SOUGHT BY UK IP GROUPS IN RELATION TO THE UPC AND BREXIT

Counsel's Opinion sought by UK IP groups on the possibilities for the UK to continue to participate in the unitary patent and Unified Patent Court post Brexit now released Shortly after the Brexit referendum, the Intellectual Property Lawyers Association (IPLA), … Continue reading

Leave a Comment

Filed under Intellectual property

BREXIT: WHAT NOW FOR UPC AND IP IN THE UK AND ACROSS EUROPE?

Following the vote to leave, the future of the unitary patent and Unified Patent Court is far from clear.

Leave a Comment

Filed under Intellectual property