Intellectual Property update: COVID-19
The coronavirus outbreak has brought huge challenges globally to both individuals and businesses. Whilst businesses carry on as best they can in these difficult times, there are different strategies being deployed by intellectual property offices for dealing with deadlines including:
UKIPO – requests for extensions of time will be considered “as favourably as possible on a case-by-case basis” and where national and international legislation allows.
EUIPO – all deadlines falling between 9 March and 30 April before the EUIPO have automatically been extended until 1 May 2020. As this is not a working day, deadlines effectively roll to 4 May 2020. This does not apply to deadlines to further appeal Board of Appeal decisions to the General Court, which remain as originally set.
WIPO – deadlines remain as originally set but there are steps that can be taken if deadlines are missed. Evidence for the reason why the deadline was missed may be required.
Other national offices in the EU have varying procedures. In relation to courts, in England, along with both the General Court and Court of Justice of the EU, the deadlines currently remain as set.
Trade mark applications
The pandemic has already spurred a number of filings for trade marks related to COVID-19.
Looking at the digital healthcare industry, Nepesmo Ltd has applied to register the word ‘RemoteCovid’ as a trade mark in the UK. Nepesmo is a company that uses AI-driven self-monitoring to predict and prevent lung attacks. Information about what exactly RemoteCovid may be is not publicly available yet, but Nepesmo’s products use technology such as mobile apps and internet portals to permit patients and their clinicians to monitor their health conditions. Coronavirus is a respiratory disease which would therefore be considered as a lung attack, which may be why it is being considered by Nepesmo. The application was published on 16 March 2020 and the window to oppose it closes on 16 June 2020.
Elsewhere, a sole trader based in Italy, Francesco Pratesi, perhaps in an optimistic spirit, has registered the word ‘COVID-19 SURVIVOR’ in the Benelux. Mr Pratesi supplies retailers in Italy, Europe and the Far East and has registered the mark in Class 25 which covers baseball hats, beanie hats, skiing hats, fashion hats, t-shirts and messages on t-shirts, suggesting that once the virus has passed he hopes to put the mark on clothing products which proud COVID-19 survivors will be able to wear. Although the mark has been registered, the window to oppose it remains open until 25 April 2020 and appears to have already survived one unsuccessful attempt to oppose it.
It goes without saying that these are unprecedented and strange times. However, we are continuing our business as usual, and if you or your business have any intellectual property needs or queries, our team are on hand to assist.
You can find out more on this by listening to our podcast here.
Blue Sky Linking
Daniel looks at Sky's recent success in obtaining interim protection from infringement of their broadcast rights
Mary Bagnall writes for Intellectual Property Magazine on the government’s consultation document on the future regime for exhaustion of UK IP rights
The UK government has published its consultation document on the future regime for exhaustion of UK IP rights.
Bullfighting ... as a copyright work?
Joint and several liability for IP infringement - Directors beware
Olivia takes an in-depth look at the recent Lifestyle Equities v Ahmed case in the Court of Appeal
Brexit: Trade Marks and Designs
Charlotte outlines all you need to know before the next post-Brexit deadline on trade marks and designs
Anna Sowerby writes for The Fashion Law on the new collaborative approach being taken by luxury brands and online platforms to fight fakes
Online platforms are now under pressure to be more proactive in their approach to tackling the ever-escalating issue of counterfeit goods.
Antiques Trade Gazette and eprivateclient cover this firm's hire of art and luxury asset specialist Chris Haywood in Dubai
Chris joins the firm as a Senior Associate in the Dubai office.
Pfizer, Ted Danson and the Olympic Vaccine Solution
#cake – a trial by social media
Brexit and intellectual property: Gibraltar, the Isle of Man and
Charlotte looks at where else trade mark and design protection may be required following Brexit.
Diversification of landed estates – a trade mark lawyer’s advice...
Mary looks at the diversification of landed estates and offers her expert advice from a trade mark perspective
Charlotte Duly writes for the Trademark Lawyer Magazine on the legal issues that tribute bands face when selecting a name
Picking a name for a tribute act that makes it clear what they offer whilst avoiding issues with the actual band can be a challenge.
Brexit and Intellectual Property: one month on
Charlotte looks at the impact of Brexit on intellectual property one month on
The Tricky Issue of Joint Authorship in Copyright Works
Where more than one person creates a work, it can be deemed ‘joint authorship’ and each has the same rights as a sole author would.
We’re not all going on a summer holiday – what are the implications for all those unused trade mark registrations?
IP in a Pod: Social Media
What IP issues surround the use and protection of hashtags, memes, GIFs and stickers?
Influencer Agreements: Six points that a business should consider
Due to the commercial power that influencers have over their followers, businesses are increasingly looking to secure their services.
MP’s to Investigate the ‘Economic Impact’ of Music Streaming
The DCMS announced that an inquiry is to be launched into the economics of the music streaming industry.
Q&A examining information notices and the right to manage
Can section 82 of the Commonhold and Leasehold Reform Act 2002 enable an RTM company to serve an information notice on a third party?
Copyright Infringement – Link Available Here
If you reproduce someone else’s work in the form of a link, you could fall foul of copyright law.