Marks & Clerk News Feed

Marks & Clerk shortlisted for two MIP awards

Mon, 30 Jan 2012 14:19:24 GMT

Marks & Clerk LLP and Marks & Clerk Solicitors LLP have both been recognised by Managing Intellectual Property, in the 2012 Managing IP Global Awards.

IP tax reforms ? the international competition heats up, but should it?

Fri, 09 Dec 2011 11:48:48 GMT

In different guises international tax competition is increasing in the IP and related technology fields.

IP tax proposals fall short, favour multinationals

Thu, 08 Dec 2011 14:31:47 GMT

The Government has published draft legislation for its Finance Bill 2012, which includes draft measures aimed at creating improved conditions for business investment and growth in the UK. The proposals include a new tax scheme intended to reduce corporation tax for profits arising from patents, dubbed the ?Patent Box?.

Blow for brand owners in key court battle over fakes in transit through the EU

Thu, 01 Dec 2011 14:07:39 GMT

The Court of Justice of the European Union (CJEU) today ruled that customs officials may not seize suspected counterfeit goods in transit through the EU to and from countries outside the EU, unless they suspect that those goods are intended to be placed on the market in the EU.

CJEU clarifies scope of SPC protection

Thu, 24 Nov 2011 15:38:46 GMT

The Court of Justice of the European Union (CJEU) has this morning handed down a landmark judgment clarifying the scope of protection afforded by Supplementary Protection Certificates (SPCs) and the circumstances under which they can be granted. The ruling answers questions referred by the Court of Appeal of England and Wales in the cases of Medeva and Georgetown.

Marks & Clerk opens 'down under' in Melbourne, Australia

Mon, 14 Nov 2011 09:28:35 GMT

We are pleased to announce the opening of our office in Melbourne.

UK patent system brought into line with Europe

Wed, 02 Nov 2011 14:22:23 GMT

The Supreme Court has this morning over-turned the Court of Appeal?s earlier decision to revoke a patent held by Human Genome Sciences (HGS). The patent, which describes a gene sequence referred to as neutrokine alpha, was attacked by Eli Lilly. Lilly had previously failed to have the patent revoked at European level, where it was upheld by the Technical Board of Appeal of the EPO.

Europe bans stem cell patents

Tue, 18 Oct 2011 17:27:00 GMT

The Court of Justice of the EU has this morning handed down a decision on questions referred in the case of Brüstle v Greenpeace effectively prohibiting the patenting of inventions derived from human embryos. The decision ? which follows the Advocate General?s Opinion in March ? confirms that any human ovum after fertilisation is to be regarded as an embryo; this includes the blastocysts used by Prof. Brüstle.

High Court to UK-IPO: Computer based simulations are patentable

Fri, 07 Oct 2011 09:48:18 GMT

The High Court yesterday overturned a decision of the UK Intellectual Property Office (UK-IPO), explicitly confirming that technical design methods are patentable, even where the method is implemented entirely on a computer (e.g. simulation software).

Europe: Further concerns for companies buying their competitors' trade mark as keywords

Thu, 22 Sep 2011 15:46:21 GMT

Marks & Spencer and other companies which buy competitors? trade marks as search engine keywords have suffered a blow in the Court of Justice of the European Union (CJEU), today. In its long-awaited ruling in the case between Marks & Spencer and Interflora, the CJEU ruled that purchasing another party?s trade mark as a keyword could infringe the trade mark proprietor?s rights.

Victory for Budvar: Court of Justice upholds Budvar's right to 'Budweiser' trade mark in UK

Thu, 22 Sep 2011 13:54:23 GMT

The Court of Justice of the European Union (CJEU) has this morning ruled against Anheuser-Busch?s (maker of US Budweiser beer) latest attempt to deprive Czech rival Bud?jovický Budvar of its right to the ?Budweiser? name in the UK.

America Invents Act passed by US senate

Wed, 14 Sep 2011 16:57:34 GMT

On 8 September 2011, the U.S. Senate overwhelmingly passed the America Invents Act (H.R. 1249) to reform the U.S. Patent system. The bill will be signed by President Obama during the coming days.

No .XXX please ? we're brand owners

Tue, 06 Sep 2011 14:43:22 GMT

The new .XXX domain ? for which domain name applications open on the 7th September ? has been designed for use by the adult entertainment industry (AEI), leading to fears that non-AEI brands might have their trademarks held to ransom as they seek to protect their brands from association with the AEI.

More cost-effective patent validations in Finland from 1 November 2011

Fri, 26 Aug 2011 09:25:27 GMT

Louboutin given the red card

Mon, 22 Aug 2011 11:56:17 GMT

Louboutin have failed in their attempt to obtain a preliminary injunction in the United States preventing Yves Saint Laurent from selling red soled shoes.

UK IPO steps back from reclassification of trade marks

Fri, 12 Aug 2011 14:54:07 GMT

From 31 October 2011, the UK Trade Marks Registrar is to cease reclassifying trade mark registrations. Any owner of a trade mark registration who wishes to have their registration considered for reclassification may do so up to (and including) 31 October. After that date the service will be withdrawn.

New privacy rules require businesses to change websites

Fri, 12 Aug 2011 14:36:47 GMT

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 came into force on 26 May. They amend the Privacy and Electronic Communications (EC Directive) Regulations 2003, which regulate direct electronic marketing and the security and confidentiality of such communications. This includes restricting how cookies and spy-ware may be used.

Storm Troopers at the Supreme Court: doors opened to UK enforcement of foreign copyright

Wed, 10 Aug 2011 15:34:26 GMT

In its first decision in respect of intellectual property rights, the UK Supreme Court was called upon to decide whether the High Court and Court of Appeal were right to find that helmets created for the Storm Troopers featuring in the 1977 blockbuster Star Wars films were protected by copyright as sculptures.

Schutz v Werit: comfort for exclusive licensees

Mon, 08 Aug 2011 14:54:56 GMT

The Court of Appeal recently handed down a judgment concerning section 68 of the Patents Act 1977. Until now some advisers were concerned that this section might have the effect of depriving an exclusive licensee of recovering any costs of a patent infringement action in some circumstances. This is not the case as the court has now explained.

ISP ordered to restrict access to copyright infringing website

Mon, 08 Aug 2011 11:52:04 GMT

In a recent decision of the High Court an Internet Service Provider (ISP) has, for the first time in the UK, been ordered to take steps to prevent or restrict its customers from accessing a website which has been shown to infringe copyright.

Counterfeit goods seized by EU customs in 2010 worth over 1 billion Euros

Fri, 29 Jul 2011 17:07:34 GMT

The European Commission has recently published figures on customs seizures of counterfeit goods in 2010. The figures indicate that the number of shipments seized almost doubled from the previous year to 80 000 and that around 103 million products were seized with an estimated value of over 1 billion Euros.

AG Opinion in Medeva and Georgetown SPC cases issued

Fri, 15 Jul 2011 17:05:46 GMT

The Opinion of the Advocate General of the Court of Justice of the European Union in the Medeva and Georgetown Supplementary Protection Certificate cases was issued on 13 July 2011.

Court of Justice rules on long-awaited L?Oréal v eBay case

Tue, 12 Jul 2011 16:27:47 GMT

On 12 July 2011, the Court of Justice of the European Union (CJEU) handed down its judgment on the long-running L?Oréal v eBay case involving alleged trade mark infringement of L?Oréal?s trade marks by eBay.

UK Trade Marks Registry steps back from pre hearing opinions

Mon, 20 Jun 2011 16:29:44 GMT

The practice of the UK Trade Marks Registry offering preliminary (non binding) indications, before filing of evidence, on the merits of oppositions filed under s5(1) and s5(2) of the Trade Marks Act 1994 has been amended to reflect the fact that users of the system have shown very little interest in seeking such opinions or responding to them by settling cases.

UK Patent Box - detailed proposals and timescale disclosed

Mon, 20 Jun 2011 15:09:06 GMT

Under proposals first flagged in November 2010 and now published by the UK government (see http://www.hm-treasury.gov.uk/d/consult_patent_box.pdf) all companies will from 2013 pay a reduced rate of UK corporation tax of 10% on their global profits derived from products covered by a UK or European patent (even, it seems, if the EP does not designate the UK), compared with the usual 26% rate. The regime will be phased-in over five years, starting at 60% of the potential benefit, rising to 100% in year five.

ICANN to launch new generic top-level domains

Mon, 20 Jun 2011 14:14:54 GMT

ICANN (the Internet Corporation for Assigned Names and Numbers), the body responsible for regulating domain names, has approved plans to introduce new generic top-level domain names (gTLDs). This represents one of the most significant changes to the Internet's Domain Name System and will dramatically increase the number of domain suffixes allowed for websites.

Germany falls into line on claim construction

Fri, 17 Jun 2011 09:58:51 GMT

The Bundesgerichthof (German Supreme Court) has handed down an important judgment which disapproves of an overly broad approach to patent claim construction that has in the past been applied by German courts.

AG says yes to negative term SPCs

Thu, 09 Jun 2011 16:38:07 GMT

The Advocate General of the European Court of Justice published an opinion this morning advising the Court to rule in favour of the use of negative term Supplementary Protection Certificates for medicinal products.

Informal licences and mere oral use of a trade mark are still valid use in the EU

Fri, 03 Jun 2011 17:51:54 GMT

Whilst informal arrangements and licences are not to be encouraged because of the obvious issues of proof and content, a recent case before the English High Court - Jean Christian Perfumes Ltd & Anor v Thakrar (t/a Brand Distributor or Brand Distributors Ltd) [2011] EWHC 1383 (Ch) - confirms that even an oral licensee of a Community trade mark may bring proceedings for infringement if he has the consent of the proprietor of the mark.

100th fast track Green Patent granted in the UK

Fri, 03 Jun 2011 17:40:46 GMT

The UK Intellectual Property Office (IPO) has announced recently that it has granted the 100th patent through its Green Channel application scheme.The scheme, set up in 2009, provides a fast track for patent applications through the patent process in the UK and is open to any application that relates to green technology.

UK IPO launches 'Peer to Patent' site

Wed, 01 Jun 2011 18:39:33 GMT

The UK Intellectual Property Office has today launched the nation?s first ?Peer to Patent? pilot. The system will provide an easily accessible online hub for members of the public to search and examine pending patent applications, allowing users to upload ?prior art? and discuss the merits of the application.

Government review urges intellectual property law reform

Wed, 18 May 2011 17:07:18 GMT

The Hargreaves Review of UK Intellectual Property (IP) law has been published today, recommending various reforms to the country?s current copyright and patent regimes.

Court of Appeal categorically rejects Gemstar patent appeal

Tue, 29 Mar 2011 16:14:34 GMT

The Court of Appeal has today delivered its judgment in a patent case brought by Gemstar TV-Guide International against Virgin Media. The Right Honourable Lords Justices Jacob, Laws and Patten have comprehensively dismissed Gemstar?s claims.

AG opinion on Google AdWords case - Interflora v Marks & Spencer

Thu, 24 Mar 2011 16:32:38 GMT

The Advocate General of the European Court of Justice (ECJ) has today recommended that Marks & Spencer be found liable for trade mark infringement by using ?Interflora? as a Google AdWord.

European patent to become reality

Mon, 14 Mar 2011 10:49:44 GMT

The Council of Ministers of the European Union has agreed to plans for a community patent. The move brings a unitary patent closer to reality as the provisional plan has now been passed in both legislative institutions of the EU: the Parliament and the Council. EU officials must now decide on the details of the plans before the patent will come into force.

CJEU rejects unified patent litigation system

Tue, 08 Mar 2011 18:56:39 GMT

The Court of Justice of the European Union (CJEU) has today given its opinion on the Commission?s proposal for a unified patent litigation system and a European and Community Patents Court.The CJEU has rejected the proposal, deeming it incompatible with the provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, the two principle treaties on which the EU is based.

Marks & Clerk expands Manchester presence

Mon, 07 Mar 2011 11:03:06 GMT

Marks & Clerk Manchester and Leeds offices to merge together and move to new, larger premises in Manchester City centre.

ASA remit extended to online advertising

Fri, 04 Mar 2011 14:50:02 GMT

From 1 March 2011, the remit of the Advertising Standards Authority (ASA) has been extended such that it is now authorised to regulate marketing claims made by businesses on their own websites or on non-paid for space on other websites under their control, such as Facebook or Twitter.

EU Parliament gives green light to central EU patent

Tue, 15 Feb 2011 16:38:06 GMT

The European Parliament has today voted by 471 votes to 160 (with 42 abstentions) to give the go-ahead for the creation of a common EU patent system.

Plight of Café Olympic serves as warning to London businesses

Tue, 08 Feb 2011 17:27:40 GMT

Newham Council, the local council to the Stratford Olympic Park in London, is looking into the case of a Stratford café, Café Olympic, over its use of the Olympic name.

Customs not responsible for counterfeit goods in transit through the EU - AG opinion

Fri, 04 Feb 2011 16:42:12 GMT

The Advocate General of the European Court of Justice has given his non-binding opinion on two questions referred to the Court of Justice of the European Union over the seizure of counterfeit products in transit through the EU, finding that customs need not detain or seize counterfeit goods that they do not believe will enter the EU market.

AG opinion in Budweiser dispute

Thu, 03 Feb 2011 16:56:38 GMT

The Advocate General of the European Court of Justice has advised that the court rule against the attempt of Anheuser-Busch (maker of US Budweiser beer) to invalidate Czech rival Bud?jovický Budvar?s concurrent trade mark for the ?Budweiser? name.

Notice of scam - email from "Attorney Fowler Woods"

Thu, 03 Feb 2011 15:32:34 GMT

We have been advised of an online scam by an individual calling himself "Attorney Fowler Woods" claiming to be the Managing Partner of Mark & Clerk and using our firm name and logo. "Attorney Fowler Woods" is emailing recipients as beneficiaries of the will of a Mr. Mendel Kaplan and requesting they contact him by email for more information - this email also includes our firm's name. We would like to alert our clients, contacts and any recipients of this scam and confirm that "Attorney Fowler Woods" is not employed by and has no assocation whatsoever with Marks & Clerk. We will be taking all necessary and possible steps to prevent this scam continuing and urge recipients to ignore and destroy any email you receive from this individual using our firm's name.

Record Number of US Patents Issued in 2010

Thu, 03 Feb 2011 15:21:02 GMT

According to research carried out by IFI CLAIMS® Patent Services, a record number of 216,614 patents were issued by the US Patent and Trademark Office (USPTO) last year. This represents a massive 31% increase when compared to the corresponding figures for 2009.

EU Commission formally proposes single EU patent

Thu, 16 Dec 2010 12:34:01 GMT

Following the request by 12 EU member states last week for a single European patent, the European Commission has formally proposed unitary patent protection for these 12 member states which include the UK, France and Germany.

L?Oréal v eBay: Advocate General opinion

Wed, 15 Dec 2010 13:19:05 GMT

The Advocate General has now issued his keenly awaited opinion in response to the referral of certain questions to the Court of Justice of the European Union (CJEU) by the trial judge in the high profile trade mark case L?Oréal v eBay.

EPO announces search results from priority applications filed at the USPTO, JPO and UKIPO not required

Fri, 10 Dec 2010 16:25:01 GMT

Late yesterday - 9 December 2010 - a decision of the President of the European Patent Office (EPO) was posted on the EPO website confirming that the search results from a priority application filed at the USPTO, JPO or UKIPO do not need to be filed by the applicant at the EPO to satisfy the requirements of new Rule 141(1).

Renewed push for European Patent

Fri, 10 Dec 2010 15:59:08 GMT

10 EU member states, including France and Germany, have formally requested that the European Commission pursue the creation of a centralised European Patent, which would unify the separate legal systems currently in place across all 27 EU member states.

Facebook on the verge of trade marking ?FACE?

Thu, 25 Nov 2010 16:26:29 GMT

Facebook has this week been granted a ?notice of allowance? to trade mark the word ?face? by the US Patent and Trademark Office (USPTO).

Lego?s long contested red brick CTM finally declared invalid

Mon, 15 Nov 2010 12:50:54 GMT

The Court of Justice of the European Union has now issued its ruling in the long running Lego case declaring the LEGO BRICK trade mark invalid.

ASA to regulate online advertising

Fri, 05 Nov 2010 16:25:09 GMT

The remit of the Advertising Standards Authority (ASA), responsible for regulating advertising in the UK, is due to extend to online advertising in March 2011.

Hungary to accede to the London Agreement in 2011

Fri, 29 Oct 2010 11:53:24 GMT

More cost-effective patent validations will be available in Hungary from 2011 when the London Agreement will come into force on 1 January 2011 and will ease the translation requirements.

Key challenges for the EPO and achieving harmonisation in Europe and beyond

Fri, 29 Oct 2010 11:36:30 GMT

What are the key challenges of the EPO presidency in the view of industry and European IP practitioners? How can harmonisation be achieved within Europe and globally? Is the establishment of a central EU IP court possible? These were the main issues put to Benoît Battistelli, recently elected president of the European Patent Office (EPO) and other guest panellists at an exclusive roundtable organised by Marks & Clerk France during the AIPPI Congress in October in Paris.

Marks & Clerk is top PCT filer worldwide

Fri, 08 Oct 2010 18:23:13 GMT

Marks & Clerk has been ranked as the top filer worldwide of applications for patents under the Patent Cooperation Treaty (PCT) in the Managing Intellectual Property list just published.

Marks & Clerk promotes 7 to partnership

Fri, 08 Oct 2010 18:14:05 GMT

Marks & Clerk announces the appointment of seven new partners. The promotions highlight the firm?s commitment to developing its people and to growing key practice areas in line with client and market needs.

Further Rule changes at the EPO

Mon, 04 Oct 2010 14:04:22 GMT

The European Patent Office (EPO) has published a notice on its website that it is considering a number of further Rule changes, although these have yet to be finally approved or, indeed, enacted. These changes are supported by the EPO Committee on Patent Law and will be put to the Administrative Council later in October.

IP enforcement in UK: cheaper and simpler new procedure

Fri, 01 Oct 2010 18:09:45 GMT

Litigation in the UK is getting cheaper. Fundamental changes to the procedure for claims in the Patents County Court (PCC), which (despite its name) hears claims relating to all types of intellectual property, have been implemented with effect from 1 October 2010. This will create a simplified process for resolving lower value and less complex IP disputes than are traditionally heard in the High Court.

EPO Enlarged Board of Appeal clarifies when a patent application is pending

Fri, 01 Oct 2010 17:55:28 GMT

The recent Decision G 1/09 issued by the Enlarged Board of Appeal of the European Patent Office (EPO) on 27 September 2010 has provided clarification on when a patent application is pending.

Google tightens Adwords objection policy

Fri, 01 Oct 2010 17:24:46 GMT

Google has recently announced changes in its official complaints policy concerning the use of trade marks as Adwords, or as part of the text of Adword advertisements, in the EU, EFTA and in Canada.

2D/3D Error by OHIM

Fri, 10 Sep 2010 16:51:54 GMT

The General Court has issued a decision (T-148/08) overturning the findings of OHIM due to errors made by the Cancellation Division and the Board of Appeal when assessing the validity of a Registered Community Design (RCD) in the name of Beifa Group Co. Ltd (Beifa). The RCD in question (No. 352315-0007) concerned the design of a highlighter pen.

UK IPO unveils new research programme

Fri, 27 Aug 2010 16:03:28 GMT

Intellectual Property Minister Baroness Wilcox has announced a research programme into intellectual property and its value to the British economy.

Court of Justice rules on another AdWords case

Wed, 25 Aug 2010 14:49:02 GMT

In July, the Court of Justice of the European Union (CJEU) ruled on the case Portakabin Ltd and Portakabin BV v Primakabin BV in the Netherlands, which involved use of registered trade marks as sponsored keywords.

EPO issues guidance on prior art disclosure requirements

Thu, 19 Aug 2010 11:47:44 GMT

The European Patent Office (EPO) has recently published further information on Rule changes which come into force on 1 January 2011 and which introduce a limited duty of candour to the EPO.

Quality award for Marks & Clerk

Wed, 11 Aug 2010 15:17:11 GMT

Marks & Clerk LLP has been awarded ISO 9001 certification, the internationally recognised quality management systems standard, following an independent assessment. This award has only been achieved by about 5% of UK businesses - Marks & Clerk is one of the first patent and trade mark attorney firms to receive this award.

Parasitical advertising escapes serious court sanction

Tue, 10 Aug 2010 12:35:27 GMT

In the recent case of Specsavers International Healthcare Ltd v Asda Stores Ltd, the High Court has ruled in favour of supermarket Asda on most points in its defence of a claim by high street opticians Specsavers over an advertising campaign for Asda?s opticians business, which included use of very similar logos and of slogans making indirect references to Specsavers.

Overly restrictive UK-IPO reinstatement practice overturned

Thu, 05 Aug 2010 17:24:42 GMT

In a recent decision of the UK Intellectual Property Office, it would appear that the newly issued UK-IPO practice relating to amendment of applications following reinstatement must now be rescinded after Marks & Clerk successfully argued that the UK-IPO practice was overly restrictive upon applicants.

Claimed invention - obvious to whom?

Wed, 04 Aug 2010 18:41:01 GMT

4 August 2010

A perennial question in patent actions is whether a claimed invention is non-inventive because it is obvious to ?the person skilled in the art?. But what happens if the invention itself changes the art? Is ?the art? the state of things before the invention is made, or after? This, and a number of other issues on the vexed topic of obviousness, came up in a recent decision of the UK Court of Appeal ? Schlumberger Holdings v Electromagnetic Geoservices .

Frank Zappa estate fails in infringement proceedings

Wed, 04 Aug 2010 18:25:04 GMT

The Estate of the late musician Frank Zappa, headed by his widow Gail Zappa, has failed in recent trade mark infringement proceedings brought in Germany against the organisers of a music festival that pays tribute to the late musician.

Court of Appeal criticises ECJ ruling in L?Oréal v Bellure

Thu, 01 Jul 2010 18:09:41 GMT

The Court of Appeal recently handed down its final judgment in L?Oréal v Bellure, following the ECJ ruling on 18 June 2009. The case had been referred back to the Court of Appeal to rule on the issue of Bellure?s use of L?Oreal?s trade marks on comparison lists.

Registration of wine bottle surfaces rejected

Thu, 01 Jul 2010 18:01:02 GMT

In the recent case of Freixenet SA v OHIM (Cases T-109/08 and T-110/08), the General Court has upheld OHIM?s decision to refuse the registration of the surfaces of two wine bottles as trade marks in Class 33.

New trade mark law in Montenegro

Thu, 01 Jul 2010 17:57:50 GMT

Following the separation of the union state of Serbia-Montenegro and the independence of Montenegro from Serbia in 2006, a new trade mark law is expected to be introduced in Montenegro shortly.

Supreme Court Bilski ruling means business as usual for business method patents

Mon, 28 Jun 2010 18:33:55 GMT

The US Supreme Court has today handed down its long-awaited opinion on the much-followed Bilski v Kappos case. The case concerns a patent application for a business method for hedging risks in commodities trading.

Split decisions in UK and Germany on claim construction

Fri, 25 Jun 2010 15:58:50 GMT

Parallel European Patent litigations between Occlutech and AGA Medical Corporation in the UK and Germany illustrate that the two countries can look at claim construction differently, despite the European Patent Convention (EPC) encouraging a uniform approach.

Norway Extends International Design Coverage to EEA

Thu, 17 Jun 2010 17:39:07 GMT

From the 17 June 2010, Norway will be bound by the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

UK IPO launches fast-track for PCT(UK) applications

Fri, 11 Jun 2010 15:40:52 GMT

The UK Intellectual Property Office has recently announced a fast-track scheme for PCT(UK) patent applications. Under the scheme, a qualifying application can get an examination report within two months.

New EPO Rules - an update

Tue, 01 Jun 2010 14:54:35 GMT

On the 1st April 2010 the European Patent Office (EPO) introduced a host of new rules intended to accelerate prosecution of European patent applications and reduce the period of time over which divisional European applications could be filed. We are now two months into the new system and so it seems a good time to assess how the EPO is implementing their new rules in practice.

Brand owners call for stronger protection against growing challenges of digital age, finds Marks & Clerk research

Mon, 24 May 2010 18:10:38 GMT

The internet is viewed as a ?double-edged sword? for businesses, according to the latest brands research from Marks & Clerk. Nearly three-quarters (73 per cent) of respondents to its annual survey ? based on the views of 266 UK business executives responsible for brand ownership, marketing and control ? believe that while the digital age has brought tremendous opportunity for brand promotion, intellectual property abuses and threats to brand integrity are more numerous and difficult to protect against.

Pharma industry enters critical phase as patent cliff looms large, hastening consolidation

Mon, 17 May 2010 12:21:43 GMT

The looming patent cliff facing major pharmaceutical companies is pushing the industry into a critical phase in terms of drug innovation and consolidation, according to the latest annual life sciences research from Marks & Clerk.

Enlarged Board of Appeal confirms approach to controversial software patents

Wed, 12 May 2010 17:33:11 GMT

The Enlarged Board of Appeal of the European Patent Office (EPO) today handed down its much anticipated opinion on the subject of patentability of computer programs under the European Patent Convention.

Google wins 'AdWords' dispute at Europe?s highest court

Tue, 23 Mar 2010 13:28:54 GMT

Europe?s highest court has ruled today in favour of Google in its long-standing fight against a number of high profile brand owners, including Louis Vuitton owner, LVMH. The judgment given by the Court of Justice of the European Union (formerly the ECJ) held that Google?s ?AdWords? service does not infringe the trade marks of brand owners.

UKIPO fees set to increase

Tue, 16 Mar 2010 10:09:43 GMT

The UK Intellectual Property Office (UKIPO) will increase its fees from 6 April 2010.

Court of Appeal judgment in ?Cipriani? trade mark case

Fri, 05 Mar 2010 11:10:32 GMT

The Court of Appeal recently gave its judgment in the Cipriani trade mark case. The Court dismissed the appeal and upheld the 2008 High Court decision that the London restaurant was infringing Italian based Hotel Cipriani?s trade mark and that use of the Cipriani name by the London restaurant amounted to passing off.

New EPO President elected

Fri, 05 Mar 2010 11:02:16 GMT

Benoît Battistelli, Director General of the French National Institute of Industrial Property of France, has been elected as President of the European Patent Office (EPO).

ASA rules on fluctuating prices in advertising

Wed, 03 Mar 2010 14:02:24 GMT

The advertising watchdog, the Advertising Standards Authority (ASA), has recently issued a decision which will impact on the way in which online retailers publish printed advertising materials bearing their prices.

EPO Enlarged Board of Appeal announces the end of Swiss form claims

Fri, 19 Feb 2010 15:45:39 GMT

In Decision G02/08 issued today, the Enlarged Board of Appeal of the EPO has decided that Swiss-form claims will in future no longer be permitted. Specifically, they have said: ?Therefore, where the subject matter of a claim is rendered novel only by a new therapeutic use of a medicament, such claim may no longer have the format of a so called Swiss-type claim as instituted by decision G 5/83?.

Simplified UK Customs Regulations on counterfeit goods ease brand owners? burden

Thu, 18 Feb 2010 14:49:29 GMT

Further changes to the way that HM Revenue and Customs administer the regime for dealing with counterfeit goods are due to come into effect on 10 March 2010 and will ease the burden on brand owners.

Official language change not permitted in EPO proceedings

Thu, 18 Feb 2010 11:52:15 GMT

The EPO Enlarged Board of Appeal has formally upheld in decision G4/08 the commonly held, but not necessarily popular view, that at least since 1991 it has not been possible to change the language of proceedings in the EPO from one official language to one of the other two.

RCD application content clarified

Wed, 17 Feb 2010 15:35:09 GMT

OHIM has now officially acknowledged that although only the first seven views (for each design) will be taken into account in a Registered Community Design (RCD) application, any surplus views submitted on filing will be archived in the application file and will be included in a certified copy of the RCD application, for priority purposes.

EPO clarifies patentability of diagnostic methods

Wed, 17 Feb 2010 15:08:10 GMT

The Enlarged Board of Appeal at the European Patent Office (EPO) issued a decision on 15 Feb 2010 in case G1/07. This case concerned the patentability of diagnostic methods which (in certain embodiments) involve an invasive intervention with the human or animal body.

VODKAT is not vodka

Tue, 09 Feb 2010 12:22:29 GMT

In the case of Diageo North America Inc v Intercontinental Brands, the UK High Court successfully upheld an action of passing off against Intercontinental Brands, the manufacturers of VODKAT, holding that VODKAT is not vodka.

Chinese design law clarified

Tue, 09 Feb 2010 11:12:45 GMT

A recent announcement of the Chinese Supreme Court has clarified some issues on the interpretation of Chinese design law which impacts on European applicants.

Montenegro (ME) joins EPO Extension States

Fri, 22 Jan 2010 12:26:38 GMT

The extension agreement signed by the President of the European Patent Office (EPO) and Montenegro's Minister for Economic Development will enter into force on 1 March 2010.

EC investigates pharma patent settlements

Tue, 12 Jan 2010 17:54:53 GMT

The European Commission (EC) has launched a probe over patent settlements made between drug companies and generics manufacturers and whether their use is preventing consumers from accessing cheaper medicines.

Leading patent litigator joins Marks & Clerk Solicitors

Thu, 07 Jan 2010 10:08:43 GMT

Marks & Clerk Solicitors today announced the appointment of a new equity partner, William Cook, who joins the firm from Simmons & Simmons.