Intellectual Property UK

  • June 21, 2024

    Apple Won't Offer AI Tools In EU Due To Regulatory Concerns

    Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.

  • June 21, 2024

    Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says

    The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.

  • June 21, 2024

    Big Mac Ruling Shows Brands Can't Coast On Reputation

    Consumer giants should not be complacent that their globally recognized branding will serve as reason enough to hold onto and enforce their intellectual property, lawyers warn following a European court's high-profile decision to trim McDonald's trademark protections for "Big Mac."

  • June 21, 2024

    Abbott Can't Bar Rival's Glucose Monitor Sales In UPC Claim

    Abbott Diabetes Care Inc. has failed to convince the Unified Patent Court's local division in The Hague to issue an early injunction barring a Hong Kong-based rival from selling a glucose monitor in Europe, with the court saying Abbott's patent will likely be revoked.

  • June 21, 2024

    Austrian Bank Beats Challenge To 'Easybank' TM

    Italian bank Intesa Sanpaolo lost its challenge to an Austrian bank's "easybank" trademark, after the Austrian bank persuaded the European Union's intellectual property office that it had put its direct banking brand to good use.

  • June 21, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

  • June 21, 2024

    Amgen Joins Bid To Nix Alexion's Blood Drug Patent

    Amgen Inc. has told a London court that its biosimilar for a patented rare blood disease treatment of Alexion does not infringe the AstraZeneca unit's protections for the drug, arguing that the patent itself should be scrapped.

  • June 20, 2024

    Top EU Court Clarifies UK Interest In TM Claims Post-Brexit

    The European Union's top court has backed a prior ruling holding that a U.K. trader's interest in bringing trademark opposition proceedings against an EU application should not disappear after the U.K.'s departure from the European Union.

  • June 20, 2024

    Next Copied Diamond Logo For Its Reputation, Rival Claims

    Next Retail sports clothing brandishing a black diamond took advantage of a global outdoor business' very similar logo in an attempt to "live dangerously" and ride off its rival's reputation, according to a London court claim.

  • June 20, 2024

    Drinkers Won't Mix Rival 'Angels' Alcohol Brands, UKIPO Says

    A Scottish canned cocktail maker has beaten a bid by a rival spirits business to nix the trademark for its "Angels Dare" logo, after U.K. intellectual property officials ruled that drinkers would not mix up the two brands.

  • June 20, 2024

    Builder.ai's TMs Trimmed In Infringement Claim With Rival

    App-building tech company Engineer.ai Global Ltd. lost its trademark battle with an Indian rival over the alleged exploitation of its "Builder" sign on Wednesday, losing protection for two of its marks across a third of its computer-related classes.

  • June 20, 2024

    Targus Loses Appeal Over Too 'Laudatory' Ecosmart TM

    Computer accessory company Targus cannot register "Ecosmart" as a trademark, after an appeals board at the European Union intellectual property office held that the phrase was too laudatory to warrant protection.

  • June 19, 2024

    Stripe Seeks To Revoke ATM Network's TMs

    Stripe has urged a court to revoke trademarks owned by the main ATM network in the U.K., which accused the online payment processor of infringement and hijacking its reputation by using the "Link" name for a payment service.

  • June 19, 2024

    Robotic Drug Patent Beats Novo Nordisk's EPO Challenge

    A U.S. pharmaceutical company has beaten a challenge brought by a Danish rival to its patent for a type of robotic pill, convincing officials at the European patent office that it has invented a new method for administering medication.

  • June 19, 2024

    Swedish Sportswear Co. Loses Bid To Block Fashion TM

    A Swedish sports clothing company has lost its appeal against Italian fashion outlet company Take Off's trademark, as Europe's intellectual property watchdog said it had failed to prove genuine use of its version of the logo.

  • June 19, 2024

    Gaming Execs Deny Copying Ex-Firm's Code For New Game

    Two former directors of an online gambling company have denied its claim that they plagiarized copyrighted source code for its "Slingo" online betting game to produce several competing products through the rival business they joined.

  • June 19, 2024

    Coinbase Loses Bid For EU Trademark Resembling Letter 'C'

    Cryptocurrency exchange platform Coinbase failed to persuade a European court to upend an intellectual property office ruling that rejected its figurative trademark for a shape resembling the letter "C" as the court backed the ruling that the application lacked distinctive character.

  • June 18, 2024

    Garden Screen Co. Says Rival Ripped Off Its Unique Designs

    The owners of a line of allegedly unique garden screens have sued a rival in London court for supposedly copying the designs, which the owners argue are protected by copyright.

  • June 18, 2024

    Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M

    The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.

  • June 18, 2024

    IT Co. Has 'Vizst' TM Revoked Over Confusion Risks

    A 3D graphics creator used by BBC and Sky has won its fight to block technology competitor Vizst Technology Ltd. from registering its "Vizst Technology" branding in the U.K., after a British intellectual property authority found consumers would likely confuse it with another brand.

  • June 18, 2024

    Visual Aid Tech Biz Wins EPO Appeal For Portable Magnifier

    A maker of electronic magnifiers for the visually impaired has convinced a European Union appellate board that its patent for a travel-friendly magnifying device was an invention.

  • June 18, 2024

    Samsung Bioepis Denies Infringing Blood Treatment Patent

    Samsung Bioepis has fought back against a bid by Alexion to prevent it from selling a biosimilar version of a patented blood treatment drug by a rival, telling a court that this will not infringe the protections of an AstraZeneca subsidiary over the medicine.

  • June 17, 2024

    Huawei Slams Netgear's 'Tenuous' RICO Case

    Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.

  • June 17, 2024

    Supplements Biz Loses Appeal For 'Biogena Moments' TM

    A maker of food supplements has lost its bid to register its "Biogena Moments" trademark after an appellate panel at the European Union's intellectual property authority found the brand was not recognizable enough to set it apart from a rival's products.

  • June 17, 2024

    Tech Co. Loses Bid For Automatic Payments Patent In UK

    A payments software company cannot protect its automatic payments system with a patent in the U.K. because it relates solely to a method of doing business, intellectual property officials have ruled.

Expert Analysis

  • The Unified Patent Court: What We Learned In Year 1

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    ​​​​​​​The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • Cos. Increasingly Must Protect And Manage Intangible Assets

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    As investors increasingly reward companies for their institutional knowledge and intellectual capital, there is a growing urgency for organizations — especially their chief legal officers — to identify, protect and fully realize the value of intangible assets, says Paul Garland at Deloitte.

  • EU's AI Act: Pitfalls And Opportunities For Data Collectors

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    The European Union’s new Artificial Intelligence Act entails explicit requirements and limitations throughout the AI value chain that might affect firms directly or indirectly dealing with AI development, such as data-as-a-service companies and web scraping providers, says Denas Grybauskas at Oxylabs.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • How Clinical Trials Affect Patentability In US And Europe

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    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

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