Stronger protection for designers following changes to copyright law

Spring brings news of statutory changes to UK copyright law that will extend protection for iconic designs significantly.

The Newspaper Licensing Agency v Meltwater: an internet copyright case with "implications for many millions"

The English Supreme Court has said that temporary copies made automatically when browsing the web should not usually infringe copyright. As the issue is of importance to everyone who uses the internet, the court has referred it to the Court of Justice of the European Union (CJEU).

Is this evidence of real value? Yes/No - Further guidance on consumer evidence in trade mark disputes from the Court of Appeal

The ongoing trade mark dispute between Interflora and Marks & Spencer has been the focus of several of our earlier alerts as it has already resulted in a handful of judgments.

Successful use of own name defence in trade mark proceedings

In a High Court judgment this month, BDO Unibank, the largest bank in the Philippines, successfully used the 'own name defence' in response to infringement proceedings. The proceedings were brought on behalf of the BDO network of accountancy firms which owns Community trade marks for 'BDO'.

Schütz v Werit – Not a carte blanche for spare part copying

The much anticipated decision of the Supreme Court in Schütz v Werit has now been delivered, and has been followed by the usual frenzy of claims of outright victory and far-reaching consequences.

Simplified pirate website blocking orders

Yesterday, the High Court made a court order requiring BSkyB, British Telecom, Everything Everywhere, TalkTalk, Telefonica and Virgin Media to block access to three hugely popular peer-to-peer file-sharing web sites: H33T, Fenopy and KAT (all based outside the UK). This is big business.

Design rights - safeguarding against copycats

Designs law is an important way to protect your products from the hands of copycats. Here we examine some of the latest developments in this area.

Battle lost by HISTORY channel in trade mark claim

A recent judgment has highlighted the difficulties involved in enforcing descriptive trade marks. It also gave the English Courts another chance to voice their general disapproval of survey evidence and witness gathering exercises.

Bristan gets into hot water in the Patents County Court

In a Judgment of HHJ Birss QC in the Patents County Court handed down last week, Bristan Group has been held to infringe Kohler Mira's UK Unregistered Design Right in its Mira Azora electric shower design.

The unitary patent package unwrapped

The biggest change in European patenting practice since the European Patent Convention is happening.

Annual review of patents cases

Wragge & Co's head of intellectual property, Gordon Harris, has once again delivered his widely anticipated annual review of developments in patent law in the UK courts. Although this has been a quieter year in the Patents Courts, Gordon found plenty of interest.

Intellectual Property update - China

There have been a number of significant intellectual property case decisions and a new government IP procedure introduced in China. Wragge & Co's China-based intellectual property experts provide an overview of the cases and analyse the latest situation.

Proposed amendments to the research and Bolar infringement exemptions for clinical trials

The UK Intellectual Property Office (UKIPO) has launched a consultation to amend the UK Patents Act 1977 (PA) to provide an exemption to patent infringement for activities involved in preparing or running clinical or field trials which use innovative drugs.

Case complexity can affect scale costs recovery in the PCC

In the recent Patents County Court (PCC) case of BOS v Cobra [2012] EWPCC 44, HHJ Birss QC considered how capped costs recovery applied in the PCC when the successful party did not win every issue.

CJEU provides clarity on the sending and receiving of data

The CJEU has provided guidance on whether use of the content of a database protected by the sui generis database right amounts to 'extraction' or 're-utilisation' for the purpose of assessing infringement. It has also confirmed where that use is to be regarded as having taken place.

Apple loses its appeal in a tablet battle with Samsung - HHJ Birss' "Not as cool" judgment upheld

The Court of Appeal has handed down its judgment in the dispute between Apple and Samsung over the design of three Samsung Galaxy tablet computers. The court upheld the High Court's decision of 9 July that Samsung's products did not infringe Apple's registered community designs relating to its iPad.

Obtaining preliminary injunctive relief in Germany

Preliminary injunctions in Germany provide a quick and cost effective tool for owners or exclusive licensees of European or German intellectual property rights.

Another Patents County Court non-binding preliminary opinion

His Honour Judge Birss QC issued his first "preliminary non-binding opinion" on the merits of an infringement action at a case management conference in the Patents County Court earlier in the year.

Recovery of costs in the Patents County Court: Win, lose (or draw)

The Patents County Court (PCC) has successfully established itself as a forum for litigants seeking a specialist and cost effective determination of intellectual property disputes.

Changes to the UK Designs Legislation: financial remedies for innocent infringement

The amendment of UK design legislation is a hot topic within the UK Intellectual Property Office (UK IPO) at the moment with the wide ranging consultation on reforming the UK legal framework for designs launched in July of this year.

Big changes for small claims

Forthcoming changes to the Civil Procedure Rules will expand the range of options available in resolving intellectual property disputes for lower value claims.

Jail term for operator of Surf the Channel offering links to pirated material

The operator of surfthechannel.com (STC), a website providing links to film and TV content, recently received a four-year prison sentence. Anton Vickerman became the first person in Britain to be jailed for running a site linking to pirate material.

No defence for the purpose of repair: replica alloy wheels infringe Community registered designs

The recent case of Bayerische Motoren Werke Aktiengesellschaft v Round & Metal Limited and another has provided a useful interpretation of Article 110(1) of the Community Designs Regulation (the Regulation).

Does a sub-licence continue after its head licence terminates? A comparison of the German and UK positions

The German Federal Court (Bundesgerichtshof, BGH), the highest civil court of last resort in Germany and so with a similar status to the UK's Supreme Court, has handed down two decisions which preserved the validity of a sub-licence upon the termination of the head licence.

The High Court rules on the long-running patent infringement dispute between Contour Aerospace & others and Virgin Atlantic

Last Friday, Mr Justice Floyd gave judgment in favour of Contour Aerospace (formerly Premium Aircraft Interiors UK) and its customers in the long-running patent dispute with Virgin Atlantic Airways relating to the Solar Eclipse business class seat.

Is single Member State use "genuine use" of a CTM? "It might not be, but it might be; it all depends..."

The Community Trade Mark is a unitary EU wide right. If a Community Trade Mark is not put to genuine use "in the Community" within five years from its registration it may be revoked.

Special things made simple: A summary of the evaluation of trade mark distinctiveness for advertising slogans

The Court of Justice of the European Union has given judgment in the case of Smart Technologies ULC v Office for Harmonisation in the Internal Market (OHIM) dated 12 July 2012.

Unitary Patent agreement stalled by European Parliament

The EU appears to be moving closer to finally introducing the long awaited unitary patent and Unified Patent Court (UPC).

Trade mark infringement - do you want an early stage 'non-binding preliminary opinion on the merits?'

His Honour Judge Birss QC has offered and provided his first "preliminary non-binding opinion" on the merits of an infringement action at a case management conference (i.e. before any disclosure of documents or exchange of evidence).

The Daily Copyright - business © costs issue

Collecting societies and other copyright relevant businesses are operating large scale enforcement campaigns. Before the end of 2012 the creation of the intellectual property "fast track" may make court proceedings a more cost effective part of such campaigns.

Formula 1 car design case highlights difficulties with breach of confidentiality claims

Businesses often enter into Confidentiality / Non-Disclosure Agreements to protect their confidential commercial information and technical trade secrets. Such an agreement was tested in a UK court in a case concerning the design of Formula 1 racing cars.

Copyright catch-up

Is a service that streams free-to-air television programmes via any internet enabled device to subscribers, at virtually the same time as they were being broadcast, but without the consent of the owners of the copyright in the works streamed, infringing copyright?

Are you creating data? Then the Database Directive is (probably) not for you!

The Court of Justice of the European Union has, in a case concerning football fixtures lists, provided guidance as to when copyright will subsist in a database under the EU Database Directive.

A flight of fancy - copyright ownership between film producers and directors

In the case of Slater v Wimmer, The Patents County Court has examined the copyright ownership provisions of the Copyright, Designs and Patents Act 1988 in the context of film making.

Annual review of patents cases

Wragge & Co's head of intellectual property, Gordon Harris, has delivered his widely anticipated annual review of developments in patent law in the UK courts. As usual, he expressed strong opinions on a range of issues.

The war against terror somewhat surprisingly provides clarity regarding the scope of protection available to databases

In a case regarding the extraction of data from mobile phones, Arnold J has provided valuable guidance as to when copyright in databases will not subsist. The UK judge has also provided useful guidance relating to the sui generis database right.

Portrait photographs and copyright

In a case concerning a photo of Natascha Kampusch taken before her kidnapping in 1998 the Court of Justice of the European Union has considered the breadth of copyright protection for portrait photographs.

Copyright law reform proposals - orphans, exchanges and MP3 players

Hard on the heels of Professor Hargreaves' 'Review of Intellectual Property' comes a government consultation on reforming copyright law in the UK. A White Paper with proposals for legislation is to follow in Spring 2012.

Fishy trade mark gets off the hook

HHJ Colin Birss QC has helped resolve two trade mark issues in the High Court.

Don't get too close - new Olympic advertising regulations

Last week, new draft regulations were published, controlling advertising in the vicinity of Olympic venues. Brands should take note that contrary to the impression media coverage may have given, the regulations are not just a crackdown on streakers.

Young at heart? - The 'informed user' in design law

In one of its first rulings on substantive Community design law the Court of Justice of the European Union (CJEU) provides guidance on some of the key issues surrounding Registered Community Designs.

Interflora v M&S: further guidance in the AdWords minefield

Interflora Inc and another v Marks and Spencer plc and another: Court of Justice of the European Union in case C-323/09 - 22 September 2011

.xxx domain registration sunrise blocking process period begins

In our earlier analysis about the introduction of .xxx domain names we indicated that there was likely to be a Sunrise period in which action could be taken to block such registrations.

Take a closer look - an introduction to intellectual property issues in China

Since China still operates a "first to file" system for trade marks and patents, foreign companies with an eye on the Chinese market should apply promptly to register their IP. Added to this, if the need arises, they should be prepared to enforce it.

Twentieth Century Fox v BT - internet service provider ordered to block copyright infringing website

In July 2011 the English High court ruled that the largest UK Internet Service Provider (BT) should be subject to an order (under section 97A of our 1988 Copyright Act).

Star Wars in the Supreme Court

In Lucasfilms & Others v Ainsworth the Supreme Court concluded that Stormtrooper masks were not sculptures and did not therefore qualify for copyright protection in the UK as artist works.

A further German chapter to the AdWord saga - the German Federal Supreme Court publishes the grounds to the decision in Bananabay II

The German Federal Supreme Court has held that a Google Adword use by a competitor of the trade mark bananabay did not infringe the trade mark proprietor's rights.

Brand owners cautiously jubilant following ruling of Court of Justice in L'Oreal v eBay

The Court of Justice of the European Union has handed down its judgment in the case of L'Oréal v eBay, and overall it is good news for brand owners.

Is proving a designer copied your article sufficient to prove unregistered design right infringement?

The Patents County Court judgment in Albert Packaging Limited and others v Nampak Cartons & Healthcare Limited demonstrates that pre-existing designs can assist a defendant significantly in defending an infringement action, so a register of past designs should be maintained.

Family-friendly brands and the adult entertainment industry

This year, the first domain names ending .xxx will be made available for "adult" websites. A "sunrise" period, planned to start in early September and to last around 30 days, will allow applicants in the adult industry to secure domain names based on their existing domain names or trade marks.

The Court of Appeal highlights the risk of making groundless threats in settlement proceedings relating to trade mark disputes

The Court of Appeal has indicated that referring to infringing acts other than affixing, importing or supplying services under the mark, during without prejudice negotiations to settle a trade mark infringement dispute may constitute an actionable threat.

Taking the temperature of the Patents County Court

The UK Patents County Court has been operating under its new rules and under the helm of HHJ Colin Birss QC for more than six months now. The new judge has now heard and given judgment on his second full trial and first summary cost assessment under the new rules.

The law of privacy in the UK - after Mosley v UK is the tide turning?

The European Court of Human Rights (ECHR) handed down its judgment today in the case brought by Max Mosley, former president of the International Automobile Federation.

Community Trade Marks: does the unitary right give rise to a pan-European Union unitary remedy?

Yesterday the Court of Justice of the European Union provided some clarification on the wide reach of the Community Trade Mark (CTM).

Interflora ® Google AdWord case opinion - a gift to internet key word purchasers?

The Advocate General of the Court of Justice of the European Union (CJEU) has given an opinion which suggests he thinks Marks & Spencer infringed Interflora's trade mark by using it as a Google AdWord.

European patents knocked out by supremacy of European Union law

The Court of Justice of the European Union (CJEU), sitting as a full court, has decided today that the proposed European Patents Court is incompatible with the European Union.

Play Dough is confusingly similar to Play-Doh ®

A judgment that was handed down on 11 February 2011, in the high-profile case of Hasbro v 123 Nährmittel and another, is good news for the owners of marks of this nature.

Is the Unilin decision a sledgehammer to crack a nut?

There is still controversy in the patent community over the 2007 decision in Unilin v Berry. Should a company that has been found to infringe a patent which, in later proceedings is found to be invalid, still have to pay the damages ordered in respect of the infringement finding?

Lego Juris A/S v OHIM (Mega Brands Inc. intervening) (Case C-48/09 P)

The Court of Justice of the European Union (CJEU) has held that Lego's long-contested Community Trade Mark based on the shape of its Lego brick is invalid under Article 7(1)(e)(ii) of the Trade Marks Regulation.

Specsavers v Asda - UK court focuses on Asda's unfair advantage taking (but provides no clear view on how to establish trade mark infringement by dilution)

Specsavers has successfully established that Asda infringed its community trade mark for the word "SPECSAVERS" by Asda's use of the tag line "Be a real spec saver at Asda" during its 2009 campaign to promote its in-store opticians.

A new & improved patents county court?

Many of the proposals to reform the junior Intellectual Property Court of England and Wales (the Patents County Court) put forward by the Intellectual Property Court Users Committee last year will come into effect on 1 October 2010.

Maker of VODKAT fails to convince Court of Appeal that extended passing off is now too broad

The Court of Appeal has upheld the High Court judgment that Intercontinental Brands (ICB) passed off its VODKAT product as vodka and this caused, or was likely to cause, damage to Diageo, manufacturer of the SMIRNOFF brand of vodka.

Mismatch of patent + marketing authoristion + product = SPCs rejected

The Patents Court has considered Yeda Research Development Ltd's appeal from the Comptroller who refused to grant it Supplementary Protection Certificates (SPCs) in respect of its combination treatment for tumours.

Another win for perfume brands before the CJEU

Does the sale of a perfume tester bottle bearing the perfume house's trade mark but also a notice that it is "not for sale" infringe the relevant trade mark?

Ambush marketing – did it all kick off in South Africa?

So, the World Cup is almost over. Spain or the Netherlands will be the victors on the pitch, but who has triumphed in marketing terms? The official sponsors, which have paid many millions for the privilege? Or, the companies seeking to develop an unofficial connection by ambush marketing?

The scope of DNA patents - ECJ's decision in Monsanto v Cefetra

The Court of Justice of the European Union (CJEU) handed down its decision on the scope of protection to be afforded to DNA sequence patents. 

Medeva's SPC applications: the Court of Appeal refers questions to the ECJ

There has been a dispute concerning whether Medeva BV was entitled to obtain supplementary protection certificates for its whooping cough vaccine.

US Supreme court hedges its bets and fails to deliver clarity in business methods case

The US Supreme Court gave judgment on Monday 28 June 2010  in the long awaited Re Bilski case concerning the patentability of business methods.

'Henry' gets a clean win in the High Court

Numatic was successful in its claim of passing off against Qualtex in respect of Qualtex's vacuum cleaners which mimicked the basic Henry model shape and black bowler hat lid but not its surface decoration (smiley face and red colour ways).

Court of Appeal reluctantly applied the ECJ's guidance in L'Oreal v Bellure

The Court of Appeal has today handed down its long-awaited decision in L'Oreal v Bellure. The decision implements the responses given by the European Court of Justice (ECJ) (as it then was) in June 2009 to questions referred to it by the Court of Appeal.

Theseus, George Washington's axe and patents for a caged bottle - could you make it up?

Floyd J decision in Schütz (UK) Ltd v Werit UK Ltd & Another.

Take action - Trade marks can be infringed by a competitor's internet keyword use (but Google claims a victory anyway).

The European Court of Justice (ECJ) has given judgment in four cases concerning alleged trade mark infringement via Google's adwords internet advertising service.

'Round up' on the scope of DNA patents - Monsanto Technology LLC v Cefetra BV and Others

A leading edge patent law hot potato is patents for DNA sequences. It appears that the protection offered by such patents in the EU may be more restrictive than many anticipated.

Tricky trade mark issues - toy shapes and trading names

In the Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Others case, the English Court of Appeal has provided guidance on what is required for a business located elsewhere to have goodwill in England which is sufficient enough to base a passing off action on.

Reproduction of Opel logo on imitation toy cars does not infringe trade mark rights

The ECJ's ruling in the Opel v Autec toy cars case in January 2007 was a landmark in European trade mark law. The case is always referred to whenever the question of whether "trade mark use" is required to establish trade mark infringement arises.

Dilution of vodka prevented by High Court

In the Diageo North America, Inc r v Intercontinental Brands case the owners of the famous 'Smirnoff' brand of vodka have succeeded in establishing extended passing off against InterContinental Brands in respect of its Vodkat alcoholic beverage.

Upstream without a paddle

The Court of Appeal has found in Eli Lilly and Company v Human Genome Sciences Inc that HGS' patent for a protein called by HGS "Neutrokine-a", antibodies to it and the polynucleotide sequence encoding for it was invalid for lack of industrial application.

Dr Reddy v Eli Lilly: the Court of Appeal consigns the old UK legal test for the validity of selection patents to history and looks to Europe for the answer

Exhaustion of rights, authorised dealerships and euro defences

A dealer in infringing grey goods sought to have a trade mark proprietor's ability to enforce its rights suspended.

Digital Economy Bill: controversial online copyright infringement provisions

A new Digital Economy Bill is being debated in the UK. It contains provisions designed to tackle online copyright infringement which are proving to be very controversial.

Patent infringers rolled over - Boegli-Gravures SA V Darsail-ASP Ltd

In a judgment, in which he found valid and infringed a mechanical EP(UK) patent relating to foil used in packaging, an English High Court judge has also provided guidance as to establishing infringement or a threat to infringe by way of a test purchase

CTM for CANNABIS is too descriptive of beer

The Court of First Instance (CFI) has upheld a invalidity finding in relation to CANNABIS as a community trade mark for beer and other goods in classes 32 and 33.

Revoking unused marks and applying L'Oréal v Bellure to infringement arguments

A trade mark infringement claim will often provoke a counterclaim for revocation for five years non-use.

Does the use of another trade mark as internet keyword infringe? The Advocate General doesn't think so

In an opinion which many may find quite political, Advocate General Poiares Maduro has delivered his views to the European Court of Justice (ECJ) in the Google AdWords references.

Beijing: Microsoft lawsuit

Microsoft filed a lawsuit against a do-it-yourself PC vendor Beijing Strong Well Future Technology Development in Zhongguancun, accusing it of using pirated Microsoft software.

Shanghai company pays 500,000 yuan for distributing counterfeit Louis Vuitton bags

In this case concerning counterfeit Louis Vuitton bags, the defendants were a couple called Lin Yizhong and Wu Beiwen and Zhong Wen was their trading company.

Tactical trade marks and bad faith bunnies?

The European Court of Justice has provided guidance to the national Austrian court on the factors to be considered when determining whether a registration applied for in the knowledge that other very similar marks were being used in the Community.

City name case

The Japan Patent Office has reported that the Chinese trade mark authorities, responding to a request from Tokyo, rejected applications to register eight prefectural names in Japan as brands for agricultural and other products.

Guangzhou passes legislation to bolster intellectual property rights protection at exhibitions

Guangzhou passes the Measures on Protection of Intellectual Property Rights at Exhibitions in the city's 87th Executive Session of the 13th Administration.

Injunctions for breach of confidence - the 'springboard principle'

Vestergaard Frandsen A/S and the other claimants (VF) are in the business of the manufacture and sale of mosquito nets under the name PermaNet. They had developed a database relating to the manufacture of these nets referred to as the "Fence" database.

Looking to raise some cash? Against IP?

To the surprise of many, Morgan Stanley has just announced a new US$250 million intellectual property securitisation for Vertex Pharmaceuticals, a large US bio-tech company.

Proposals for the reform of the Patents County Court

Proposals have been put forward by the Working Group set up by the Intellectual Property Court Users Committee to reform the cost regime and procedures of the English Patent County Court.

Baijia sues OKAI over trademark infringement

Sichuan Baijia Food Company, one of the largest instant noodle manufacturers in China, has filed a lawsuit against OKAI Import Export GmbH with the Munich District Court in Germany, asking the court to cancel OKAI's trade mark application.

Lacoste bites Wenzhou shoemaker

Six years after its settlement over a trade mark dispute with Hong Kong Crocodile, French designer Lacoste has launched another offensive. The company recently brought a trade mark infringement case before the Beijing No.2 Intermediate People's Court.

Launch of China IP Law Search, Beijing

IPR2, together with the Ministry of Commerce, will launch a new search tool for IP-related legal texts called China IP Law Search.

Danfoss prevails in trademark first instance

Danfoss, a leading player in refrigeration and air conditioning equipments and parts, alleged in court that a refrigeration equipment company in Zhejiang was making products labelled with the Danfoss trade mark.

Google China drops Beijing free rider

Search engine giant Google began its formal use of Chinese name (Guge) in 2006 when it established Chinese subsidiary Google China. Just one hour later, a company named Beijing Guge Technology (led by Tian) obtained government approval to be in business.

Marketing authority for racemate does not invalidate SPC for its enantiomer

In an appeal concerning the validity of a patent for an enantiomer of  a racemic mixture and a Supplementary Protection Certificate based on that patent and marketing authorisation, the Court of Appeal found both the patent and SPC valid.

The English court's turn to make a reference to the ECJ in yet another Google keyword trade mark dispute

In yet another trade mark dispute resulting from Google's AdWord service, the UK High Court has decided to refer a "comprehensive" list of questions to the European Court of Justice before the hearing of the main trial.

Big boost for brands

In a dispute concerning downmarket fragrances intended to be smell-a-likes for several of L'Oreal's famous perfumes, the European Court of Justice (ECJ) has provided guidance to the UK Court of Appeal which will be welcomed by many brand owners.

Is eBay an IP pirate or merely the unaware ocean over which such pirates may sail?

In L'Oreal v eBay, the English High Court has held that eBay was not jointly liable for the trade mark infringements committed by several users of its website (named in the action as the fourth to tenth Defendants).

Pirate Bay has no safe harbour in E-Commerce Directive

The Stockholm District Court has issued its decision on case B13301-06 regarding the infamous Pirate Bay website. It concerns not only criminal breaches of copyright but also the E-Commerce Directive (2000/31/EC) safe harbour provisions.

Does my mark have a reputation in the Community?

Advocate General Sharpston has given her view on the question of whether a community trade mark which had been proven to have a reputation but only in Austria could be considered to have a "reputation in the Community".

Software patents in Europe

Alison Brimelow, President of the European Patent Office (EPO), has entered the fray on the vexed subject of the patentability of software and has referred various questions to the Enlarged Board of Appeal.

IP in the UK budget

A first glance through the Budget - and the 222 pages of notes produced by the Treasury - didn't look promising.

European Court gives boost to selective distribution strategies for luxury trade mark owners

The European Court of Justice (ECJ) has provided guidance, which strengthens the ability of luxury trade mark owners to maintain and enforce a selective distribution network for branded goods.

Questions on Supplementary Protection Certificates referred to the European Court of Justice

The English High Court has sought guidance from the European Court of Justice (ECJ) relating to the validity of a Supplementary Protection Certificate.

Google suffers setback in Adword dispute in US Court of Appeals

The US Court of Appeals for the Second Circuit has allowed an appeal by Rescuecom that Google's use of Rescuecom's trade mark could amount to "use in commerce".

Getting their © grooves back

Many IP agreements include a clause which specifies certain consequences if material breaches are not remedied after a period of notice. More clarity on this issue has now come from the English High Court.

Sofia, so good? First IP reference to the ECJ from Bulgaria clarifies the scope of protection for databases

The right to prohibit extraction and re-utilisation of a substantial part of a protected database was established more than a decade ago by Directive 96/9/EC. The European Court of Justice has only provided guidance on its interpretation in three cases.

Silberquelle v Maselli: ECJ confirms Advocate General's opinion on when promotional use of a registered trade mark is not "genuine use"

The European Court of Justice has confirmed that where a proprietor of a mark affixes that mark to free items that it gives to purchasers of its goods, it does not make genuine use of that mark in respect to the class related to the items.

Patentable subject matter again - decision of Mr Justice Lewison in AT&T Knowledge Ventures LP's Application and CVON Innovations Limited's Application

Mr Justice Lewison has today handed down his judgment in two appeals from the Patent Office. The cases raised similar issues about excluded subject matter.

Opinions of the House of Lords in Generics (UK) Limited & others v. H Lundbeck A/S

The House of Lords has today handed down its opinions in the patent revocation battle between Generics and Lundbeck relating to Lundbeck's patent for the (+) enantiomer of citalopram, a leading anti-depressant drug.

The ECJ provides further re-packaging guidance in the ZOVIRAX parallel imports case

The European Court of Justice has ruled on The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, 22 December 2008 (C-276/05).

Research scientist becomes a millionaire following first ever successful UK employee inventor compensation scheme claim

The UK High Court has granted its first-ever award of compensation under section 40 of the Patents Act 1977.

Notable changes in the Third Amendment to China's Patent Law

In January 2009, China's National People's Congress finally approved the third amendment of China's Patent Law after more than two years' deliberation.

Do smell-a-likes and look-a-likes take unfair advantage?

Advocate General Mengozzi of the European Court of Justice (ECJ) has delivered his opinion on the dispute between L'Oreal and Bellure relating to "smell-a-like" perfumes and "look-a-like" packaging.

Did you know they were going to sell the marked goods in the EU? What happens when a witness lies?

KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280 was an appeal by KJM Superbikes Limited against a decision by Sir Andrew Park in the High Court in which he denied KJM permission to bring proceedings for contempt of court against Mr Anthony James Hinton.

BUD v BUD - Appellation of origin v Community trade mark applications

Budejovický Budvar, národní podnik v Office of Harmonization in the Internal Market - with intervener Anheuser Busch Inc. Joined Cases T-225/06, T-255/06, T-257/06 and T-309/06: Decision of the Court of First Instance - 16 December 2008).

Advocate General's opinion in Case C-59/08 Copad v Dior - a broad understanding of quality control in trade mark licences?

In Copad v Dior the Advocate General (AG) has advised the European Court of Justice (ECJ) on whether a licensee's failure to comply with provisions in a trade mark licence may prevent the exhaustion of the owner's rights in the mark.

Europe rules against embryonic stem cells patent

The Enlarged Board of the European Patent Office has held Wisconsin Alumni Research Foundation's patent application to be contrary to morality for the purposes of Article 53(a) of the European Patent Convention.

Pharmaceutical Sector Inquiry Preliminary Report

The European Commission has delivered its preliminary report on the findings from the Pharmaceutical Sector Inquiry launched in January 2008.

ECJ guidance as to how to establish dilution

Music to the British Hospitality Association's ears

In 2003 the CPDA was amended so as to substantially remove the exemption under which pubs and similar establishments had been publically playing background music via broadcasts without the need for a licence relating to the broadcast sound recordings.

Collaborating over inventions - court guidance on the meaning of common clauses

In the case of Automotive Latch Systems Limited v Honeywell International Inc, the Commercial Court provided some guidance on the courts' view on the interpretation of common clauses found in many collaboration agreements relating to inventions.

"ZV Snore Solution Spray" product name is misleading says the Advertising Standards Authority

The Advertising Standards Authority has made it clear that a product or brand name (i.e. ZV Snore Solution Spray) can in itself be misleading and, its use in marketing materials, be in breach of the Committee of Advertising Practice Code.

Germany: patent litigation reform on its way?

The German Federal Government has published proposals for reform which have the potential to drastically alter the nature of patent invalidity litigation in Germany.

Conflicting pharmaceutical trade marks

The Court of First Instance has upheld the opposition by Aventis Pharma SA against Nycomed GmbH's application for the Community trade mark PRAZOL (Case T-95/07).

Enantiomer of a known medicament held inventive and entitled to SPC

Against the backdrop of a number of recent European-wide negative decisions in which the validity of Supplementary Protection Certificates (SPC) was in contention, Daiichi's SPC for its Levofloxacin patent has been upheld.

Lessons on chemical classes

In July this year, Wragge & Co's IP team reported on the German Appeal Court decision on Eli Lilly's patent for the anti-psychotic drug olanzapine.

Be careful what you ask for: Servier payout over £17 million to Apotex under a cross-undertaking in damages

On 9 October 2008, Servier was ordered to pay generics company Apotex £17.5 million under a cross-undertaking in damages given by Servier, in exchange for the grant of an injunction.

A company name that is identical or too similar to your brand name? The pro and cons of the Company Names Tribunal

What can you do if you find out a third party has registered a UK company with a name that is identical or similar to your brand name?

Germany: Broad-based database protection

Following a preliminary reference from the German courts, the European Court of Justice has given further guidance relating to the Database Directive.

Court of Appeal still considers EPO case law on computer programs exclusion to be inconsistent

Charitable trade mark use - is it "genuine"?

Can charities and other non-profit making organisations safely keep hold of their registered trade marks when they don't use them on any goods they sell or in respect of any services they provide for payment? Are such marks at risk of being revoked?

Listen up! - the EPO is required to hear witness evidence on prior use

An interesting development has just hit the European Patent Office (EPO). It concerns the situations in which the EPO will now hear oral witness evidence concerning an alleged prior use.

Lucasfilm v Ainsworth - a new hope for copyright clarity?

In a case concerning the costumes of Star Wars characters, the High Court has provided guidance on what articles can amount to "works of artistic craftsmanship" and/or "sculptures".

Stradivarius Espana v OHIM - illegible marks: you might not understand them, but they are not confusing!

On 20 June 2001, Cristina Ricci's predecessor in title applied to register the device mark "Stradivari 1715" (the opposed mark) as a Community Trade Mark for goods in classes 14, 16 and 18.

Eli Lilly v Human Genome Sciences - gene sequence patents get a dressing down

In Eli Lilly v Human Genome Sciences, the English Patents Court sets out guidelines for the first time on the industrial application criteria for patentability (the EPC equivalent to the US "utility" requirement).

Patent validity - the Lords take a step in the right direction

The House of Lords has delivered a patent law decision which is likely to be welcomed by innovative companies throughout the UK and the pharmaceutical industry in particular.

Germany: patent litigation revisited

In Germany, applications for interim injunctions to prevent alleged patent infringement have until now been rejected by the infringement court if the patent in suit has been revoked by the Federal Patents court at first instance.

Are Modchips now legal?

There has been a lot of "noise" on the net suggesting that due to the latest criminal case relating to an alleged mod chips related offence.

Construction - is it law or fact?

If a narrow construction of a patent has been made by a court in earlier proceedings, does this mean an infringement action which requires a wider construction to succeed is doomed?

China's National Intellectual Property Strategy: a step toward a better IP environment

China's State Council released its Compendium of China National Intellectual Property Strategy in June 2008. This is likely to lead to significant changes to the IP system in China.

The ECJ has ruled but who has won? H3G have claimed victory in the long running "bubbles" comparative advertising case, but the truth is not so clear...

The European Court of Justice (ECJ) has declined to follow the opinion of Advocate General Mengozzi.

Trade marks: equal treatment for all applicants?

Should applications for trade marks at EU member state registeries all be treated equally? The European Court of Justice will shortly have to consider this issue. Graf von Westphalen have put together an analysis of this important development.

IP update May 2008

The long-awaited Court of Appeal judgment in the Actavis UK Ltd v Merck & Co Inc patent case has been handed down.

Generics v Lundbeck

Within its judgment in Generics v Lundbeck, the Court of Appeal has provided important guidance on the judgment of the House of Lords in Biogen v Medeva regarding the enabling disclosure the specification must provide to support the claims in the patent.

Search engine sponsored links - important developments for trade mark owners

The UK High Court has been asked to consider whether by offering keywords to advertisers which are the same as or similar to another's trade mark, Yahoo infringed that mark.

Exclusive licensee's Dalek claim is exterminated

The publisher of the original Dr Who books has been unsuccessful in its claims of copyright infringement against the BBC for its publication of a Dalek Survival Guide. To learn more about the High Court judgment, read our expert analysis.

VAT on electronic services - the rules are changing

The rules on charging VAT on electronic services are changing.

ASA v Ryanair - OFT, you decide!

After banning its ninth Ryanair advert in just two years, the Advertising Standards Authority (ASA) has referred Europe's largest budget airline to the Office of Fair Trading.

Don't blame the forum shoppers, blame the European Patent litigation system

In the context of pan-European patent litigation relating to BlackBerry mobile devices, the Court of Appeal has provided some useful guidance.

IP update

Three intellectual property alerts and analyses from Wragge & Co's Intellectual Property team.

Are trade marks comparatively useless?

All change - UKIPO's practice in rejecting all computer program claims is wrong

Trade marked goods and stopping over in Europe

IP - 2007 roundup

ECJ determination - Alfredo Nuno v. Leonci Franquet

In Alfredo Nuno v. Leonci Franquet, the ECJ was asked to consider the provisions of the Trade Marks Directive 89/104/EEC of 21 December 1988 which deal with the effect of an earlier unregistered mark on a subsequent trade mark registration.

EPC 2000 and ECJ determination - Alfredo Nuno v. Leonci Franquet

IP update

Two alerts today, both relating to patents. The first is a reminder of the changes to the UK Patent Act, which will take effect on 13 December in order to implement the EPC 2000. The other concerns a novelty for the UK courts.

New Tax Regime for Intellectual Property and Intangible Assets

Wragge & Co enhances IP and German capability with new partner in Munich

Wragge & Co has increased its international IP offering with the appointment of Dr. Caroline Cichon as a new partner in Munich. Caroline joins the firm from Bird & Bird.

Wragge & Co's IP experts secure victory for Kohler Mira in the Patents County Court

Wragge & Co's IP team has triumphed again in the Patents County Court (PCC), this time advising Kohler Mira on a design infringement case against Bristan Group.

Wragge & Co boosts Munich office with new director hire

Wragge & Co has strengthened its international credentials with the appointment of Munich-based director Ina Gerstberger from Gerstenberg Rechtsanwälte.

Wragge & Co's IP team secures Patents County Court victory for Cobra UK

Wragge & Co's intellectual property experts have won two high-profile patent disputes in one week.

Wragge & Co helps Contour win latest battle in long-running dispute with Virgin Atlantic

Wragge & Co's Intellectual Property team has secured victory for two clients, Contour Aerospace Limited and Delta Air lines, Inc in a complex and long-running battle with Virgin Atlantic Airways Limited.

Wragge & Co strengthens international IP offering with new director appointment

Wragge & Co has appointed Claire O'Brien as new director in its Intellectual Property team. An IP litigator with experience of working in China and Hong Kong, Claire will play a key role in enhancing the team's international presence.

Wragge & Co IP litigators secure Supreme Court result for Contour Aerospace

Wragge & Co's IP team has secured a significant Supreme Court result for Contour Aerospace in its high-profile patent case against Virgin Atlantic. The court has awarded Contour the right to appeal a Court of Appeal decision which found it infringed the patent of Virgin's upper class aircraft seat.

Wragge & Co boosts China office with director appointment

Wragge & Co has boosted its international credentials with the appointment of director Tom Carver from Howrey LLP. An experienced IP litigator, Tom will play an integral role in developing the firm's office in Guangzhou, China.

Wragge & Co IP litigators score a major design rights victory for Dyson in China

Wragge & Co's Intellectual Property (IP) team has secured a significant victory for global design and engineering business Dyson in a high-profile design rights case.

Wragge & Co IP litigators triumph in global patent case

Wragge & Co's Intellectual Property (IP) team has secured a winning judgment for US airline carrier Delta Air Lines Inc in a high-profile patent case.

Wragge & Co promotes new IP partner in Munich

Wragge & Co LLP has appointed a new intellectual property partner. Dr. Alexander Bayer becomes a partner in the firm's Munich office on 1 May, taking the total number of partners in Wragge & Co's international IP practice to 10.

Wragge & Co wins Employment Team of the Year

Wragge & Co LLP has been named Employment Team of the Year at the Lawyer Awards 2009. The firm triumphed over competition from Cloisters, DLA Piper, Freshfields Bruckhaus Deringer, Linklaters, Osborne Clarke and Russell Jones & Walker to secure the win.

Wragge & Co named European High-Tech Law Firm of the Year

Wragge & Co LLP Intellectual Property (IP) team has been named European High-Tech Law Firm of the Year by Managing Intellectual Property.

Two victories in one week for Wragge & Co's IP team

Wragge & Co LLP Intellectual Property (IP) team has secured its second victory in one week in the Dyson Technology Limited v Samsung Gwangju Electronics Co., Limited High Court case.

Wragge & Co in FT top ten for innovation

Wragge & Co LLP has been named one of Europe's most innovative law firms in the Financial Times' survey of innovation in the legal profession. The firm was ranked in seventh place in the FT Law 50.

Wragge & Co expands IP practice with two new partners

Wragge & Co LLP has boosted its intellectual property practice with the appointment of Alexandra Brodie and Dr Luke Kempton as partners.

Wragge & Co IP team tops the charts in Managing IP's World IP survey

Wragge & Co LLP Intellectual Property team has been ranked in the top tier for contentious trade mark work in Managing Intellectual Property's global survey.

Wragge & Co IP litigators secure Court of Appeal victory for Cinpres

Wragge & Co LLP IP team has secured a hard-fought Court of Appeal victory for Cinpres in the long-running Cinpres Gas Injection Ltd v Melea Ltd case.

Wragge & Co named IP law firm of the year

Company and business names: don't get caught out

There are relatively few statutory restrictions on the names that can be used by businesses in the UK. This is certainly true in comparison with the large number of names that cannot be used because they are protected by intellectual property rights. 

Patent entitlement: when inventions become monsters

Never has the commercial value of patents been so well understood in the business community as in recent years.