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WBD's Intellectual Property practice nominated at the Yorkshire Legal Awards
27 Oct 2020
WBD has been shortlisted for the Intellectual Property (IP) award at this year's Yorkshire Legal Awards.
Related insights: IP, Technology and Data
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.
Turbo-K 'cleans up' against Turbo-K International and its sole director
24 Sep 2020
Following the departure of two company directors, the remaining director has been found personally liable for the company's acts of passing off in using the name "Turbo-K", even though the director believed the company had permission from one of its ex-directors to use the name.
Court tells 'Nosecco' to leave it to the pro's
26 Aug 2020
The association responsible for protecting and promoting the use of the name 'Prosecco' – Consorzio di Tutela della Denominazione di Origine Controllata Prosecco (the "Consorzio") – has successfully opposed the registration in the UK of a stylised label containing the word NOSECCO (the "Sign") in class 32, for non-alcoholic wines and non-alcoholic sparkling wines.
Lack of inventive step: reading v appreciating
18 Aug 2020
Patents bestow upon their owners powerful monopolistic rights, entitling them to control the use of their inventions for a finite period. Although monopolies are generally regarded as being contrary to the public interest, an exception is made in the case of patents because there is perceived to be a 'bargain' whereby the grant of exclusivity is assumed to encourage the disclosure by patentees of their inventions, thereby adding to the pool of human knowledge such that the inventions will then become available for use by all at the expiry of the patent term (usually 20 years)[1].
Brexit and .eu domain names
12 Aug 2020
According to the legislative requirements[1], the following individuals and businesses are eligible to register .eu domain names:a n European Union ("EU") citizen, independently of their place of residence, a natural person who is not an EU citizen, but who is resident in an EU member state, an undertaking established in the EU; or an organisation that is established in the EU, without prejudice to the application of national law
Brexit and exhaustion of rights
10 Aug 2020
Parallel trade is the import (and export) of genuine goods protected by intellectual property ("IP") rights, and occurs where the IP rights are said to have been 'exhausted' – where the goods are put on the relevant market by, or with the consent of, the IP-right owner.
Brexit and patents
07 Aug 2020
The European patent regime is not an instrument of the European Union ("EU"). The European Patent Convention 2000 and its various protocols are not part of the accumulated body of EU law. The current membership of the European Patent Office numbers 38 countries, which is a far greater number than the current 28 member states of the EU. As a result, the European patent regime, of which the United Kingdom ("UK") is a part, will remain largely unaffected by Brexit. The UK's membership of the Patent Cooperation Treaty will also remain unaffected.
Brexit and designs
04 Aug 2020
The registered Community design ("RCD") system has allowed applicants to obtain a single design registration covering all European Union ("EU") member states rather than require them to seek national protection through separate intellectual property ("IP") offices. RCDs are multi-jurisdictional and unitary creations whereby the rights and scope of protection are indivisible. Accordingly, the rights under the RCD are tied directly to what constitutes the single market of the EU which underpins the development of the "Fortress Europe" doctrine allowing for the free movement of goods, but as a barrier to goods from outside the EU. The RCD gives broad protection for rights-holders by providing a basis for seeking and being granted EU-wide injunctions against infringers.
Brexit and trade marks
01 Aug 2020
For the past two decades, rather than having to seek only country by country protection through the separate national offices of the member states, prospective right-holders can now obtain – via a single application – a registration that, once granted, covers automatically all of the European Union ("EU") member states. Being a multi-jurisdictional unitary right, the scope of protection of an EU trade mark ("EUTM") is indivisible. Its nature is tied directly to what constitutes the single market of the EU, underpinning the development of "Fortress Europe" so as to facilitate the free movement of goods and to give broad protection for rights-holders through the grant of EU-wide injunctions against infringers.
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