Related insights: IP Disputes and Litigation
UK Intellectual Property Office announces requirement for UK address for service
20 Nov 2020
Applicants for UK trade marks, designs and patents will be required to appoint a UK address for service going forward, according to a recent announcement by the UK Government.
Spotlight thrown onto imaging orders – Court of Appeal issues warning shot
08 Oct 2020
With advances in forensic tools, it has become increasingly common for courts to grant imaging orders (in support of search orders) for the quick and comprehensive preservation of electronically stored data on hard drives, laptops, etc. An advantage of imaging orders is that they allow the search process to be far less intrusive and disruptive for the business/premises that are being searched. On the other hand, a disadvantage is that the imaging process does not discriminate between documents that pertain to the issues of the proceedings and are covered by the search orders from documents that are irrelevant and/or privileged.
UK Supreme Court gives a strict interpretation on the rules of sufficiency
13 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its eagerly awaited judgment in the dispute between Regeneron Pharmaceuticals Inc ("Regeneron") and Kymab Limited ("Kymab"). The invention by Regeneron related to the creation of a type of transgenic mouse (the "VelocImmune") that is more effective in its receipt of human antibody genes, for the production of human antibodies. As such, this genetically modified mouse has been regarded as a major breakthrough in the field of bio pharmaceuticals. Nevertheless, despite such an advancement, the UKSC has held that the patents upon which Regeneron based its innovative platform are invalid for lack of sufficiency because the claims, as construed, would include a range of modified mice, some of which it would not have been possible to produce as at the priority date of February 2001.
Flying on Red Bull's wings
09 Jun 2020
In a recent case involving the globally-renowned energy drinks manufacturer, the High Court held that a director (who acted mainly as a litigant in person) was jointly liable for acts of trade mark infringement committed by the company.
Designs and copyright protection: UK drifts closer towards Europe
27 May 2020
A recent decision of the Intellectual Property Enterprise Court ("IPEC") has addressed the extent to which mass produced articles can and should benefit from copyright protection.
Preservation is priority – a lesson in the execution of 'search' orders
13 May 2020
The High Court has reiterated that the primary aim of search orders is to preserve evidence, not to serve as some form of early disclosure. The High Court also chose to remind parties (and their representatives) that exceeding the permission given to them by these search orders, carries with it the risk of substantial penalties and severe consequences. In a recent case, it was held that the Claimant and its legal representatives, who pre-emptively searched seized material, without the Defendants' or the Court's permission, committed "serious and completely unjustified" breaches of the terms of the search order.
Coronavirus-related trade mark filings will face registration hurdles
12 May 2020
The COVID-19 pandemic and resulting economic shutdown has impacted the daily lives of nearly every person on the planet. So it isn’t surprising that trade mark offices across the globe have seen a number of filings to protect terms relating to 'COVID' and 'coronavirus'.
Sky is (almost) the limit for brand owners
29 Apr 2020
Following a reference from the High Court of Justice in England & Wales ("High Court"), the Court of Justice of the European Union ("CJEU") has confirmed that a lack of clarity and precision in the terms used to designate the goods and services is not an independent ground for declaring a trade mark registration to be invalid. Whilst the CJEU ruling has been criticised subsequently for avoiding some of the key issues, it did rule that an application made without any intention to use that trade mark in relation to the goods and services specified, can constitute bad faith.
AMS Neve v Heritage Audio: option to choose court 'sounds' great for trade mark owners
14 Apr 2020
The Court of Justice of the European Union ("CJEU") has confirmed that when a seller of goods, who is established in one Member State, sells infringing goods bearing an European Union ("EU") trade mark specifically targeting customers in another Member State, the action can be brought under Article 97(5) of the European Trade Mark Regulation No 207/2009 (the "Regulation"), relating to the international jurisdiction provisions, in the court of the Member State in which the targeted customers reside.
Unified Patent Court ratification declared unconstitutional by German court
03 Apr 2020
The German Federal Constitutional Court has recently made a finding that Germany's ratification of the Agreement on a Unified Patent Court is unconstitutional.
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