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Intellectual Property Threats Reforms – Will IP Owners Benefit?

The Intellectual Property (Unjustified Threats) Act 2017 (the “Act”) comes into force on 1 October. It will reform UK law on unjustified threats in intellectual property infringement disputes. What will change and will this benefit IP owners? Currently, UK legislation provides that a person (typically the rightsholder) must not threaten another person with proceedings in … Continue Reading

Brexit – how will my IP rights be affected?

The two year countdown to Brexit has begun. With the clock ticking, there is now a more urgent need for businesses to plan for the impact that Brexit will have on their operations. We have produced an updated briefing for intellectual property owners explaining the likely implications for their EU-wide IP protection, particularly where there … Continue Reading

Brexit and Intellectual Property Rights

On 19 July, we ran a webinar for clients entitled ‘Brexit: What could happen to my IP rights?’  We considered how IP protection in the UK will be affected by Brexit and discussed how IP filing and management strategies might be adapted now.  The webinar was well attended and client feedback was that it had been … Continue Reading

Brexit – What could happen to my IP rights?

The UK electorate has decided that the UK should leave the European Union (EU).  The referendum does not take immediate effect.  Current EU law and EU-wide rights, for example, the EU trade mark and the registered Community design, will continue to apply until the withdrawal from the EU actually happens.  The process of leaving the … Continue Reading

Federal Circuit Holds Construction of Design Patents Must Include Functional Elements that Contribute to the Design’s Overall Ornamentation

In Sports Dimensions, Inc. v. The Coleman Company, slip op., 2015-1553 (Fed. Cir. April 19, 2016), the U.S. Court of Appeals for the Federal Circuit held that a design patent incorporating functional elements must be construed to include ornamental aspects of those elements.  It rejected a lower court’s construction of the design patent because the construction … Continue Reading

Designers beware: UK Supreme Court confirms that images alone will determine the scope of registered design protection

The UK’s Supreme Court has handed down its eagerly anticipated ruling in the long running Trunki litigation.  The Court expressed its regret at finding the Community Registered Design (CRD) in issue not infringed.  This appears to be the right result when the product which was alleged to infringe is compared with the design as registered.  … Continue Reading

IP Rights-Holders Given New Powers under EU Customs Laws

In a recent judgment, Europe’s highest court in civil matters, the Court of Justice of the European Union (CJEU), expanded the scope of the EU Customs Regulation.  It ruled that EU customs authorities have the power under the Regulation to seize and detain goods suspected of infringing intellectual property (‘IP’) rights where those goods have … Continue Reading

Hot Topics in Intellectual Property and Technology

Our Spring edition of Hot Topics in Intellectual Property and Technology is now available. This is the second of our quarterly bulletins highlighting some topical developments in the UK in the areas of intellectual property and technology, contract, data privacy, trade secrets and advertising and media.   Topics covered in this edition include: Reforms to UK … Continue Reading

Can I stop my design being copied?

Advocate General Wathelet has issued his opinion in the case of Karen Millen Fashions Limited v Dunnes Stores, Dunnes Stores (Limerick) Limited.  The opinion concerns the scope of unregistered design protection and is helpful for designers, particularly those in the fast-moving fashion industry. Brief background Designers in the EU benefit from a relatively new form … Continue Reading

Hot Topics in Intellectual Property and Technology

Our new quarterly publication – Hot Topics in Intellectual Property and Technology – highlights the most significant legal developments in the UK and Europe in the areas of intellectual property and technology, contract, data protection and privacy, trade secrets and advertising and media. Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading

European Union: New Regulation strengthens the position of IPR holders against counterfeit goods

On 1 January 2014, a new Regulation 608/2013 setting out the powers of customs authorities to deal with goods suspected of infringing intellectual property rights became applicable across the EU.  The new Regulation improves the position of rights-holders by strengthening and streamlining customs procedures around the enforcement of intellectual property rights.  Background The New Regulation … Continue Reading

Germany introduces design invalidity proceedings before the German Patent and Trademark Office

On 1 January 2014, a new Design Act came into force in Germany – Gesetz über den rechtlichen Schutz von Design (Designgesetz – DesignG).  In a major change to the former system, the German legislator introduced design invalidity proceedings before the German Patent and Trademark Office (GPTO).  This will significantly reduce the costs of invalidity … Continue Reading

IP Office Closures – Australia & New Zealand

As the Southern Hemisphere enters the summer months and slows down for Christmas, IP Australia and the Intellectual Property Office of New Zealand (IPONZ) have advertised their Christmas closure dates. IP Australia’s Canberra and state offices will be closed from 25 December 2013 to 1 January 2014 inclusive. IP Australia’s website has all of the information … Continue Reading

It’s Not Just Cricket: Protecting IP In Sport

Branding is the key to commercial success in sport. Just think: where would the New York Yankees be without their iconic NY logo? Or the Chicago Bulls without their iconic bull’s head? How much money would the Australian Football League (AFL) make if they didn’t own the logos for every team, and couldn’t sell official … Continue Reading

IP And The Australian Personal Property Securities Register

The Personal Property Securities Act 2009 (Cth) (PPSA) commenced operation on 30 January 2012 and significantly changed the legislative regime governing security interests in Australia.  The PPSA applies to security interests in both tangible and intangible personal property, including intellectual property (IP) and includes specific provisions that deal with security interests in relation to IP.… Continue Reading
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