IP Newsletter - November 2014
Please click here for the November edition of "IP Newsletter" – the intellectual property law update from Charles Russell Speechlys' Intellectual Property team. The newsletter details some recent important cases and key developments.
- Advocate General Cruz Villalón's opinion on human embryo patent case may have important consequences for stem cell technology.
- High Court's earlier decision refusing stay in patent revocation proceedings pending opposition proceedings at EPO now reversed following undertakings given by the patentee.
- UK High Court interprets CJEU ruling concerning entitlement to a Supplementary Protection Certificate (SPC) based on a marketing authorisation obtained by a third party, and grants SPC.
- Revised draft Rules of Procedure for the Unified Patent Court ("UPC") were published on 31 October 2014. A public hearing on this the 17th draft is scheduled to take place on 26 November 2014 in Trier, Germany.
- Will there be a new UK Patent Box?
Trade Marks / Passing Off
- Cranford College – IPEC rules no passing off in the absence of confusion.
- The CJEU defines parody in Case C-201/13 Deckmyn and confirms that it is for national courts to apply the relevant test for what amounts to a parody and to strike a fair balance between rights owners and freedom of experience.
- "Broken cookie" registered Community design held to be invalid, because the design of the cookie lacked individual character.
Other matters of interest - in brief
- IPEC assesses damages in designs infringement case, taking into account the nature of the feature of the infringed design.
- Hong Kong resident successfully claims injunctive relief in UK concerning defamatory comments posted on website.
- Be aware of misleading invoices and requests for payment concerning registered IP rights - such letters may not be from the UK IPO.
A round up of some recent trade mark registration decisions
- The likelihood of confusion between several figurative marks depicting a polo player.
- A 3D mark for desserts? Not in this case - the mark was devoid of distinctive character.
For more information please contact Ian Wood on +44 (0)20 7203 5124 or firstname.lastname@example.org
News & Insights
Whytes Bikes are triumphant in a copyright infringement claim concerning their stag logo
A recent case concerning copyright infringement provides a useful reminder of how witness evidence can make or break a case.
High Court “Pitching In” with new guidance on the use of interim injunctions in copyright infringement case
Guidance on factors to take into account when considering whether an interim injunction should be granted in case of copyright infringement.
Charles Russell Speechlys launches startup programme during Unbound Festival in Bahrain
A comprehensive programme launched during the Unbound Festival in Bahrain, for start-ups, SMEs and entrepreneurs.
Charles Russell Speechlys grows Middle East practice with the hire of two new partners
Charles Russell Speechlys’ Dubai office continues to grow with the addition of Thanos Karvelis and Mark Hill as partners.