Moral rights: why should developers care? – Practical Law: Construction Blog

Posted September 11th, 2020 in artistic works, construction industry, contracts, intellectual property, news by tracey

‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’

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Practical Law: Construction Blog, 9th September 2020

Source: constructionblog.practicallaw.com

‘Fair and reasonable’ telecom IP ruling is boost for UK courts – Law Society’s Gazette

‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

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UKSC Blog, 2nd July 2020

Source: ukscblog.com

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

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NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

A spotlight on patent injunctions – Technology Law Update

Posted June 19th, 2020 in chambers articles, injunctions, intellectual property, news, patents by sally

‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’

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Technology Law Update, 18th June 2020

Source: www.technology-law-blog.co.uk

Damages Awards in the IPEC Small Claims Track – NIPC Law

Posted June 18th, 2020 in damages, enforcement, intellectual property, news, small claims by sally

‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’

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NIPC Law, 17th June 2020

Source: nipclaw.blogspot.com

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

Eureka moment? Law firms report rush to patent ideas amid UK lockdown – The Guardian

Posted May 27th, 2020 in coronavirus, intellectual property, law firms, news, patents by sally

‘Intellectual property lawyers report increased demand for services during Covid-19 crisis.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

A patent problem in the global antiviral race? – Counsel

‘Foreign patents could prevent UK citizens accessing treatment for COVID-19, warns Professor Mark Engelman.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette

‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’

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Law Society's Gazette, 30th April 2020

Source: www.lawgazette.co.uk

Trade Marks and Passing Off – Planetart v Photobox – NIPC Law

Posted April 14th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’

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NIPC Law, 11th April 2020

Source: nipclaw.blogspot.com

Trade Mark Infringement and Passing off – Natural Instinct Ltd v Natures Menu Ltd – NIPC Law

Posted April 9th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’

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NIPC Law, 8th April 2020

Source: nipclaw.blogspot.com

Bayer v NHS Darlington Appeal – NIPC Law

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Virtual case begins as court rejects trial on papers – Litigation Futures

‘The High Court yesterday adjourned an upcoming trial, saying that the guidance on the coronavirus pandemic did not allow it to take place on the papers.’

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Litigation Futures, 26th March 2020

Source: www.litigationfutures.com

Law on hyperlinking clarified by High Court – OUT-LAW.com

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.’

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OUT-LAW.com, 6th November 2019

Source: www.pinsentmasons.com

Brands can claim exclusive rights to a colour – OUT-LAW.com

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.’

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OUT-LAW.com, 25th October 2019

Source: www.pinsentmasons.com

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

Source: www.theguardian.com

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

Source: www.telegraph.co.uk

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

Source: www.legalfutures.co.uk

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

Source: www.telegraph.co.uk