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 email@example.com
News & Insights
To post, or not to post?
Following the ECJ’s recent ruling, re-posting of a photograph is likely to require the authorisation of the copyright owner.
Counterfeit websites will be blocked, but there is a cost!
Peter Byrd considers the impact of the recent Supreme Court decision in the Cartier case, concerning blocking injunctions in the UK.