Case Reports
UPC Case Reports
The UPC is now open!
01 June 2023
After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...
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The UPC: I've done nothing about it - will it be okay?
31 May 2023
Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC.
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The limits of an “opt-in” to the UPC – How and when can national actions block the way back to the UPC?
30 May 2023
Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...
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EIP Amar webinar - Prepare for the UP and UPC
16 May 2023
On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent...
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Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
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The Unified Patent Court (UPC) will begin operations in Europe on 1 June
20 February 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...
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Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
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Member States participating in UPC
23 August 2022
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...
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What is the Unitary Patent, and how do I get one?
09 June 2022
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.
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Unitary Patent and Unified Patent Court - finally happening?
24 September 2021
The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.
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Other Case Reports
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Updated Guidance for UK Registered Design Applications
16 June 2016
The UK Intellectual Property Office (UK IPO) recently issued a Designs Practice Notice (DPN) 1/16 to provide users with updated guidance on registered design practice in the UK.
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Sharing of video clips infringed Sky and ECB copyright
26 May 2016
In England and Wales Cricket Board Limited and Sky UK Limited vs Tixdaq Limited and Fanatix Limited, the High Court has found that the reproduction and communication to the public of short clips of...
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When does use of a trademark cross the line?
24 May 2016
BMW has been partly successful in a claim against an unauthorised car repair shop for infringement and passing off - Bayerische Motoren Werke AG (“BMW”) v Technosport London Ltd (“TLL”) and George...
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IP Enforcement 2020: The UK Government’s new strategies
23 May 2016
This month, the UK Intellectual Property Office (UKIPO) has published the UK Government's plans "to keep pace with the challenges and opportunities that lie ahead" in IP enforcement.
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Copyright infringement via hyperlinking?
04 May 2016
On 7 April 2016 Advocate General Wathelethas delivered his opinion in GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Dekker (Case C‑160/15).
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Cadbury loses another battle over its purple trade mark
03 May 2016
In 2013, as part of the longstanding battle over Cadbury’s protection for the colour purple, the Court of Appeal (Société Des Produits Nestlé S.
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Trunki appeal dismissed by the Supreme Court
21 March 2016
The Supreme Court has upheld the Court of Appeal’s decision that the Kiddee Case produced by PMS did not infringe Magmatic’s Registered Community Design for the Trunki suitcase, “the CRD”.
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University’s dispute with inventor highlights importance of establishing ownership of IP
14 January 2016
A recent decision at the UK Intellectual Property Office emphasises again how important it is to establish ownership of rights in inventions (particularly before the first patent application is...
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Jaguar Land Rover fails in attempt to register trademark for shape of its cars
02 December 2015
Jaguar Land Rover’s application to register an EU-wide trademark for the shape of one of their Land Rover cars has been rejected by the EU General Court.
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Scammers posing as Intellectual Property Office fined £500,000
25 November 2015
Scammers who deceived intellectual property owners by issuing fraudulent renewal letters and invoices have been fined the maximum £500,000 penalty by the Intellectual Property Enterprise Court...
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HMRC opens consultation on proposed changes to Patent Box
22 October 2015
A consultation has been announced by HM Revenue and Customs (HMRC) seeking the views of patent holders and interested parties on proposed changes to the UK Patent Box scheme.
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EU Trade Mark Reform – Key Proposals and Implications
17 August 2015
After years of debate, the European Parliament, European Council and European Commission have reached an agreement in relation to a new European Union trade mark reform package, which will provide a...
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Alibaba case highlights importance of filing trademarks in China
26 June 2015
Alibaba is the largest e-commerce platform in China, and one of the biggest in the world. Its co-founder, Jack Ma, is the richest man in China; he is often compared to Bill Gates and Steve Jobs by...
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Remember: A UK patent application may not finally lapse for many years!
08 April 2015
In a recent decision of the UK Intellectual Property Office, an applicant for a UK patent was allowed to file a response to an examination report (“office action”) more than 18 months after the due...
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Reform of UK Provisions on Groundless Threats of Patent Infringement
11 March 2015
In August 2013, I produced a short commentary regarding the decision of Mr Recorder Meade QC in SDL Hair Ltd v Next Row Ltd & Ors [2013] EWPCC 31, where Mr Meade was faced with the question of...
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