Law on hyperlinking clarified by High Court –

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by tracey

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

Full Story, 6th November 2019


Brands can claim exclusive rights to a colour –

Posted October 28th, 2019 in copyright, intellectual property, medicines, news by tracey

‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’

Full Story, 25th October 2019


Liverpool FC fail in move to trademark the word ‘Liverpool’ – The Guardian

Posted September 27th, 2019 in intellectual property, news, sport, trade marks by tracey

‘Liverpool FC’s attempt to trademark the word “Liverpool” has been rejected by the government’s Intellectual Property Office due to the “geographical significance” of the city.’

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The Guardian, 26th September 2019


Vaping ad banned for using ‘bald head and eyebrows’ suggesting Sir Mo Farah endorsed product, watchdog rules – Daily Telegraph

Posted August 28th, 2019 in advertising, complaints, intellectual property, news, ombudsmen, smoking by tracey

‘A vaping advert has been banned for using a “bald head and eyebrows” that suggested Sir Mo Farah endorsed the product, a watchdog as ruled.’

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Daily Telegraph, 28th August 2019


Small law firms can set up effective ‘Chinese walls’, says judge – Legal Futures

Posted July 9th, 2019 in confidentiality, intellectual property, law firms, news by sally

‘It is wrong to suggest that ‘Chinese walls’ set up by small law firms to prevent confidentiality breaches will “never be effective”, a judge has ruled.’

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Legal Futures, 9th July 2019


Moving images are being trademarked in Britain for first time in 140 year history – Daily Telegraph

Posted July 2nd, 2019 in artistic works, intellectual property, internet, news, trade marks by sally

‘For more than 140 years, businesses, brands and even pop bands have put pen to paper in the hope of creating a distinctive trade mark that captures the public’s imagination.’

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Daily Telegraph, 29th June 2019


Judge reprimands solicitors for “imbeclic request” comment – Litigation Futures

‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’

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Litigation Futures, 20th May 2019


Supreme Court deals blow to second medical use patents – Law Society’s Gazette

Posted November 15th, 2018 in appeals, disclosure, intellectual property, medicines, news, patents, standards, Supreme Court by tracey

‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’

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Law Society's Gazette, 14th November 2018


Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by tracey

‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’

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Litigation Futures, 8th November 2018


UK government publishes guidance to support new trade mark laws –

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by tracey

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

Full Story, 4th October 2018


British Accession to the Hague Agreement – NIPC Law

Posted August 21st, 2018 in agreements, consultations, intellectual property, news, regulations, treaties by sally

‘On 13 March 2018 the British government deposited with the Director General of the World Intellectual Property Organization (“WIPO”) an instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“the Hague Agreement”). The deposit of that instrument enabled the UK to join the Hague system for the registration of industrial designs from 13 June 2018. The Hague system allows businesses to register up to 100 designs in 69 countries in a single application.’

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NIPC Law, 18th August 2018


Passing off – The Military Mutual Ltd v Police Mutual Assurance Society Ltd – NIPC Law

‘The claimant arranges insurance and mortgages for past and present members of the armed forces. On the “About Us” page of its website, it describers itself as “a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces.” Note the use of the big letter “M” in mutual, That is a big part of the company’s ethos. It says that its “manifesto is very simple: always do the right thing for our Members.” The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as “customers and Members”. Anybody who acquires a policy or mortgage through the claimant company can become a member. Its business, however, is managed by Regis Mutual Management Limited.’

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NIPC Law, 10th August 2018


Business to Business Collaboration Agreements – NIPC Law

Posted August 6th, 2018 in agreements, intellectual property, news by sally

‘According to the Intellectual Property Office’s Facts and Figures for 2016 and 2017, 24 out of the 38 inter partes disputes that came before the Office’s tribunals arose from disputes over ownership of inventions. This can be an expensive and time consuming process as I explained in Disputes over Ownership of Inventions 6 Aug 2015 NIPC Southeast. Disputes over ownership of other intellectual property (“IP”) rights result in infringement actions like MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd and another [2018] EWHC 1332 (IPEC) (6 June 2018).’

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NIPC Law, 4th August 2018


Brexit: trade marks and designs – 10 things to know –

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

Full Story, 11th July 2018


Rights holders face extra burdens under new WHOIS data plan –

Posted July 10th, 2018 in data protection, domain names, EC law, intellectual property, internet, news by sally

‘Businesses are likely to encounter additional barriers when seeking to enforce their intellectual property (IP) rights under any new plans that are drawn up for accessing ‘WHOIS’ data.’

Full Story, 10th July 2018


Website blocking order costs not for ISPs to meet, rules UK court –

Posted June 14th, 2018 in appeals, costs, intellectual property, internet, news, Supreme Court by tracey

‘Internet service providers (ISPs) will not generally be responsible for picking up the costs of implementing court orders to block customers’ access to websites that infringe intellectual property (IP) rights, according to the UK’s highest court.’

Full Story, 13th June 2018


New UK trade secrets laws imminent –

Posted May 17th, 2018 in consultations, EC law, intellectual property, legislation, news, regulations by tracey

‘New trade secrets laws are scheduled to be published by the UK government before the end of this month.’

Full Story, 16th May 2018


Bank wins ruling against ‘cybersquatter’ who demanded £100,000 for domain name – Daily Telegraph

Posted April 3rd, 2018 in banking, domain names, intellectual property, news by sally

‘A bank has won a legal battle against a China-based ‘cybersquatter’, who attempted to extort almost £100,000 from the business by buying a domain name they wanted.’

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Daily Telegraph, 2nd April 2018


Who is it that doesn’t like Mondays? – UK Human Rights Blog

Posted March 19th, 2018 in artistic works, copyright, expert witnesses, intellectual property, news by sally

‘Music nerds may remember with fondness the great copyright wrangle involving Procol Harum and Bach. The focus of that dispute was the organ line in the 1967 hit Whiter Shade of Pale, and Blackburne J’s judgment is imperative reading for anyone interested in the law’s dominion over music, ideas or intellectual property in general. Go to the end of this post for a reminder of that entertaining litigation and its outcome.’

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UK Human Rights Blog, 18th March 2018


Obviousness – Hospira v Cubist Appeal – NIPC Law

Posted January 25th, 2018 in appeals, intellectual property, medicines, news, patents by tracey

‘Daptomycin is an antibiotic used to treat systemic and life-threatening infections caused by multiple drug resistant bacteria. Its effectiveness depends on its purity. The invention for which the patent in suit was granted was a way of purifying the antibiotic. In Hospira UK Ltd v Cubist Pharmaceuticals LLC [2016] EWHC 1285 (Pat) (10 June 2016), Hospira UK Ltd, (a British subsidiary of Pfizer) sought the revocation of that patent. Mr Justice Henry Carr found that the patent was invalid and ordered its revocation. Cubist Pharmaceuticals LLC (a subsidiary of Merck & Co.) appealed against that judgment and order in Hospira UK Ltd v Cubist Pharmaceuticals LLC [2018] EWCA Civ 12 (18 Jan 2018).’

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NIPC Law, 24th January 2018