Case Reports

UPC Case Reports

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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UPC
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Basic
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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UPC
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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UPC
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Basic
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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UPC
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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UPC
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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UPC

Other Case Reports

Post-sale confusion is relevant and potentially damaging
23 March 2011
A recent UK court decision has concluded that, in appropriate circumstances, post-sale confusion could be used to demonstrate a likelihood of confusion when potential trademark infringement was being...
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Trademarking
To be, or not to be, that is the European patent
22 March 2011
It seems a single EU patent, covering all the EU Member States other than Spain and Italy, may become a reality. How this would be litigated, however, remains unclear.
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Post-grant amendment, Court discretion and narrowing scope for wider rights
18 March 2011
A recent High Court decision demonstrates that a post-grant amendment may still be rejected in the UK at the discretion of the court. The amendment was rejected as even though the scope of the...
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Digital
Registering Trademarks To Improve Your Position In Litigation
04 March 2011
Two of the numerous factors to be weighed when deciding on UK or European Community (CTM) registration are: intent to use: still a prerequisite for a valid UK application, although not a CTM;speed of...
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Trademarking
Counterfeits in Transit: The Advocate General's Opinion
28 February 2011
It is not uncommon for counterfeit goods to pass through the EU in transit to their final destination. This raises the question of whether such goods fall within the jurisdiction of the EU, and can...
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Trademarking
The latest dispatches from the Budweiser wars
25 February 2011
Advocate General Verica Trstenjak recently gave her opinion on questions referred to the European Court of Justice by the UK Court of Appeal regarding the latest dispute in the complex on-going...
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Trademarking
Put up or shut up: Nokia vs IPCom
23 February 2011
This appeal decision demonstrates the importance of considering potential patent amendments early in litigious proceedings. The appeal was concerned with two patents which were part of a larger...
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Digital
Simon Stanes blogs for The IPKat on the cancellation of Innocent smoothie trademarks
01 January 1970
Simon Stanes, the head of EIP Brands, has posted as a guest blogger for The IPKat following the cancellation of two CTM registrations owned by the makers of Innocent smoothies.
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Trademarking
Simon Stanes blogs for The IPKat on the Budweiser dispute
01 January 1970
Simon Stanes, the head of EIP Brands, has contributed to a post on The IPKat blog following a ruling by the General Court in what could be the end to the long-running Budweiser trademark dispute.
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Trademarking
Rare diseases - are there sufficient incentives to develop treatments?
01 January 1970
To mark Rare Disease Day 2012, Darren Smyth's latest IPKat post has a topical theme.Darren highlights the pharmaceutical industry's reluctance to develop treatments for rare diseases where there is...
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Life
America Invents Act – Important Changes to US Patent Law
01 January 1970
The biggest changes to US patent law since 1952 have recently been signed into law by president Obama, in the form of the America Invents Act.
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Patent Strategy
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