Glaxo’s purple inhalers fail to get trade mark protection

Like Cadbury before them, Glaxo’s hard-fought attempts to register a trade mark for a shade of purple have been rejected. In this case, Glaxo had sought to register the colour of its seretide inhalers and asthma treatments as a trade mark, by providing the description “Purple – Pantone: 2787C” and this sign: The General Court … Read more

The Unified Patent Court – on the move again?

The UPC Preparatory Committee met yesterday (10.9.20) to discuss UK withdrawal and German ratification. It agreed that, on a temporary basis (in order not to delay the start of the UPC system further), Munich and Paris would split the workload London would have taken as the life sciences seat of the central division of the UPC.  Milan looks to be a lead candidate for the location of this seat of the central division in the longer term. Read more

CJEU rules that providing free samples of non-prescription drugs to pharmacists is permitted

CJEU rules that providing free samples of non-prescription drugs to pharmacists is permitted On 11 June, the Court of Justice of the European Union (“CJEU“) ruled on the question of whether free samples to pharmacists of medicines may be supplied by pharmaceutical companies to pharmacists. The German Federal Supreme Court (Bundesgerichtshof) had referred questions regarding … Read more

Brompton Bicycle – far from folded

CJEU follows Cofemel in allowing copyright protection where designs are not exclusively dictated by technical function The CJEU has decided in the Brompton Bicycle case C-833/18 (11 June 2020) that to qualify for copyright, a design must be original – that is, the subject matter must reflect the personality of its author (the creator or designer), as an … Read more

Tech Disputes webinar series (Episode 1: FRAND 2.0 – licensing in a world of new standards)

In this webinar we will focus on some of the practical guidance issued by the courts as to how to approach FRAND negotiations, focussing on Germany, France and the UK. What should prospective licensors and licensees do differently this time for forthcoming licensing negotiations on new standards? Are we in a better position now to avoid some of the previous challenges, such as patent hold-up and hold-out? Read more

Patent and Pharma Update, May 2020

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this update we welcome our new IP partner in Germany. We have a number of interesting updates from the UK Court of Appeal, including a decision on Arrow declarations, a competition decision, an appeal relating to the lapse of an … Read more