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UKIPO calls for views on copyright protection for manufactured artistic works
16 Aug 2021
The UK Intellectual Property Office has opened a consultation on the impact of the repeal of section 52 of the Copyright, Designs and Patents Act 1988, which limited the term of copyright protection for industrially manufactured artistic works to 25 years.
How did Hasbro lose its 'Monopoly'? Bad faith in repeat trade mark filings
04 Aug 2021
The EU General Court has partially invalidated one of Hasbro's EU trade marks for MONOPOLY, finding that Hasbro acted in bad faith when it re-filed for an identical mark covering identical goods and services, attempting to artificially prolong protection and distort EU trade mark law. In its defence, Hasbro argued the practice was widespread – but does re-filing ever constitute a legitimate commercial strategy?
Brexit and exhaustion of rights
02 Jul 2021
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 trade marks
18 May 2021
Since 1 January 2021, the scope of protection afforded by European Union ("EU") trade mark registrations has not extended to the United Kingdom ("UK"). However, each owner of an EU trade mark ("EUTM") that was registered before or on 31 December 2020 has been granted a comparable registered and enforceable intellectual property ("IP") right in the UK, known as the 'comparable trade mark (EU)' – hereafter "CM(EU)" – which came into force automatically and free of charge on 1 January 2021.
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.
Procedural errors by patent administrator cause SPC loss to Genentech
03 Jul 2020
In a recent patent case, the grant of a supplementary protection certificate ("SPC") – which gives up to five years' extra patent protection – was revoked by the UK High Court as a consequence of annuity fees being underpaid by a company's agent.
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.
McDreams crushed - a win for McDonald's
07 Jan 2020
Is the prefix "Mc" the exclusive intellectual property of McDonald's?
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