Copyright law reform proposals - orphans, exchanges and MP3 players

Hard on the heels of Professor Hargreaves' 'Review of Intellectual Property' comes a government consultation on reforming copyright law in the UK. A White Paper with proposals for legislation is to follow in Spring 2012.

The war against terror somewhat surprisingly provides clarity regarding the scope of protection available to databases

In a case regarding the extraction of data from mobile phones, Arnold J has provided valuable guidance as to when copyright in databases will not subsist. The UK judge has also provided useful guidance relating to the sui generis database right.

Portrait photographs and copyright

In a case concerning a photo of Natascha Kampusch taken before her kidnapping in 1998 the Court of Justice of the European Union has considered the breadth of copyright protection for portrait photographs.

Annual review of patents cases

Wragge & Co's head of intellectual property, Gordon Harris, has delivered his widely anticipated annual review of developments in patent law in the UK courts. As usual, he expressed strong opinions on a range of issues.

Public consultation on review of current rules for technology transfer agreements

The European Commission is undertaking a review of the current EU competition rules on technology transfer agreements, namely the technology transfer block exemption regulation (TTBER), in order to consider whether they should be modified or replaced when they expire in April 2014.

'Words' prevail over 'subject-matter': the CJ EU gives its judgment in the cases of Medeva and Georgetown University

Today the Court of Justice of the European Communities (CJEU) has given its final judgment in the cases of Medeva and Georgetown University.

Budget enforcement of intellectual property rights

Small and medium enterprises have traditionally been wary of enforcing their intellectual property rights because of the cost of taking action, the possibility that they will have to pay a sum into court by way of security for costs, and the risk that they could be liable for the other side's costs.

Fishy trade mark gets off the hook

HHJ Colin Birss QC has helped resolve two trade mark issues in the High Court.

UK Supreme Court finds gene sequence 'capable of industrial application'

The Supreme Court today handed down its judgment in Eli Lilly v HGS overturning the lower courts' finding that HGS's patent lacked industrial applicability. The case is now likely to return to the Court of Appeal to determine the issues of obviousness and insufficiency.

Young at heart? - The 'informed user' in design law

In one of its first rulings on substantive Community design law the Court of Justice of the European Union (CJEU) provides guidance on some of the key issues surrounding Registered Community Designs.

Don't get too close - new Olympic advertising regulations

Last week, new draft regulations were published, controlling advertising in the vicinity of Olympic venues. Brands should take note that contrary to the impression media coverage may have given, the regulations are not just a crackdown on streakers.

Interflora v M&S: further guidance in the AdWords minefield

Interflora Inc and another v Marks and Spencer plc and another: Court of Justice of the European Union in case C-323/09 - 22 September 2011

.xxx domain registration sunrise blocking process period begins

In our earlier analysis about the introduction of .xxx domain names we indicated that there was likely to be a Sunrise period in which action could be taken to block such registrations.

Take a closer look - an introduction to intellectual property issues in China

Since China still operates a "first to file" system for trade marks and patents, foreign companies with an eye on the Chinese market should apply promptly to register their IP. Added to this, if the need arises, they should be prepared to enforce it.

Twentieth Century Fox v BT - internet service provider ordered to block copyright infringing website

In July 2011 the English High court ruled that the largest UK Internet Service Provider (BT) should be subject to an order (under section 97A of our 1988 Copyright Act).

Star Wars in the Supreme Court

In Lucasfilms & Others v Ainsworth the Supreme Court concluded that Stormtrooper masks were not sculptures and did not therefore qualify for copyright protection in the UK as artist works.

A further German chapter to the AdWord saga - the German Federal Supreme Court publishes the grounds to the decision in Bananabay II

The German Federal Supreme Court has held that a Google Adword use by a competitor of the trade mark bananabay did not infringe the trade mark proprietor's rights.

Brand owners cautiously jubilant following ruling of Court of Justice in L'Oreal v eBay

The Court of Justice of the European Union has handed down its judgment in the case of L'Oréal v eBay, and overall it is good news for brand owners.

Family-friendly brands and the adult entertainment industry

This year, the first domain names ending .xxx will be made available for "adult" websites. A "sunrise" period, planned to start in early September and to last around 30 days, will allow applicants in the adult industry to secure domain names based on their existing domain names or trade marks.

The Court of Appeal highlights the risk of making groundless threats in settlement proceedings relating to trade mark disputes

The Court of Appeal has indicated that referring to infringing acts other than affixing, importing or supplying services under the mark, during without prejudice negotiations to settle a trade mark infringement dispute may constitute an actionable threat.

10% tax on intellectual property - will your business benefit from the Patent Box?

Taxation of intellectual property (IP) is back in the spotlight this week with the publication of the Government's latest proposals. These set out the details of how the 10% corporate tax rate on IP earnings known as the "patent box" will work when it comes into effect in April 2013.

Taking the temperature of the Patents County Court

The UK Patents County Court has been operating under its new rules and under the helm of HHJ Colin Birss QC for more than six months now. The new judge has now heard and given judgment on his second full trial and first summary cost assessment under the new rules.

The law of privacy in the UK - after Mosley v UK is the tide turning?

The European Court of Human Rights (ECHR) handed down its judgment today in the case brought by Max Mosley, former president of the International Automobile Federation.

Community Trade Marks: does the unitary right give rise to a pan-European Union unitary remedy?

Yesterday the Court of Justice of the European Union provided some clarification on the wide reach of the Community Trade Mark (CTM).

Interflora ® Google AdWord case opinion - a gift to internet key word purchasers?

The Advocate General of the Court of Justice of the European Union (CJEU) has given an opinion which suggests he thinks Marks & Spencer infringed Interflora's trade mark by using it as a Google AdWord.

European patents knocked out by supremacy of European Union law

The Court of Justice of the European Union (CJEU), sitting as a full court, has decided today that the proposed European Patents Court is incompatible with the European Union.

Kingspan v Rockwool: comparative advertising in the spotlight

Comparative advertising is again in the spotlight, as Mr Justice Kitchin's judgment in Kingspan v Rockwool was handed down on 21 February 2011.

Play Dough is confusingly similar to Play-Doh ®

A judgment that was handed down on 11 February 2011, in the high-profile case of Hasbro v 123 Nährmittel and another, is good news for the owners of marks of this nature.

Is the Unilin decision a sledgehammer to crack a nut?

There is still controversy in the patent community over the 2007 decision in Unilin v Berry. Should a company that has been found to infringe a patent which, in later proceedings is found to be invalid, still have to pay the damages ordered in respect of the infringement finding?

Checking the temperature of the Chinese intellectual property system

As with everything in China, the intellectual property (IP) system is continually changing, often for the better.

European Commission publishes submissions on horizontal cooperation agreements consultation

The European Commission has published the stakeholder submissions it received on its consultation on horizontal cooperation agreements. Of the 100-plus responses received, the key areas of controversy have been around intellectual property rights.

Unhappy returns - the AstraZeneca case strikes again

The Office of Fair Trading (OFT) announced this morning that Reckitt Benckiser has agreed to pay a penalty of £10.2 million for an abuse of dominant position in the market for the NHS supply of alginate and antacid heartburn medicines.

Lego Juris A/S v OHIM (Mega Brands Inc. intervening) (Case C-48/09 P)

The Court of Justice of the European Union (CJEU) has held that Lego's long-contested Community Trade Mark based on the shape of its Lego brick is invalid under Article 7(1)(e)(ii) of the Trade Marks Regulation.

Specsavers v Asda - UK court focuses on Asda's unfair advantage taking (but provides no clear view on how to establish trade mark infringement by dilution)

Specsavers has successfully established that Asda infringed its community trade mark for the word "SPECSAVERS" by Asda's use of the tag line "Be a real spec saver at Asda" during its 2009 campaign to promote its in-store opticians.

A new & improved patents county court?

Many of the proposals to reform the junior Intellectual Property Court of England and Wales (the Patents County Court) put forward by the Intellectual Property Court Users Committee last year will come into effect on 1 October 2010.

Maker of VODKAT fails to convince Court of Appeal that extended passing off is now too broad

The Court of Appeal has upheld the High Court judgment that Intercontinental Brands (ICB) passed off its VODKAT product as vodka and this caused, or was likely to cause, damage to Diageo, manufacturer of the SMIRNOFF brand of vodka.

Mismatch of patent + marketing authoristion + product = SPCs rejected

The Patents Court has considered Yeda Research Development Ltd's appeal from the Comptroller who refused to grant it Supplementary Protection Certificates (SPCs) in respect of its combination treatment for tumours.

Another win for perfume brands before the CJEU

Does the sale of a perfume tester bottle bearing the perfume house's trade mark but also a notice that it is "not for sale" infringe the relevant trade mark?

Ambush marketing – did it all kick off in South Africa?

So, the World Cup is almost over. Spain or the Netherlands will be the victors on the pitch, but who has triumphed in marketing terms? The official sponsors, which have paid many millions for the privilege? Or, the companies seeking to develop an unofficial connection by ambush marketing?

Medeva's SPC applications: the Court of Appeal refers questions to the ECJ

There has been a dispute concerning whether Medeva BV was entitled to obtain supplementary protection certificates for its whooping cough vaccine.

The scope of DNA patents - ECJ's decision in Monsanto v Cefetra

The Court of Justice of the European Union (CJEU) handed down its decision on the scope of protection to be afforded to DNA sequence patents. 

US Supreme court hedges its bets and fails to deliver clarity in business methods case

The US Supreme Court gave judgment on Monday 28 June 2010  in the long awaited Re Bilski case concerning the patentability of business methods.

'Henry' gets a clean win in the High Court

Numatic was successful in its claim of passing off against Qualtex in respect of Qualtex's vacuum cleaners which mimicked the basic Henry model shape and black bowler hat lid but not its surface decoration (smiley face and red colour ways).

Court of Appeal reluctantly applied the ECJ's guidance in L'Oreal v Bellure

The Court of Appeal has today handed down its long-awaited decision in L'Oreal v Bellure. The decision implements the responses given by the European Court of Justice (ECJ) (as it then was) in June 2009 to questions referred to it by the Court of Appeal.

Theseus, George Washington's axe and patents for a caged bottle - could you make it up?

Floyd J decision in Schütz (UK) Ltd v Werit UK Ltd & Another.

Take action - Trade marks can be infringed by a competitor's internet keyword use (but Google claims a victory anyway).

The European Court of Justice (ECJ) has given judgment in four cases concerning alleged trade mark infringement via Google's adwords internet advertising service.

'Round up' on the scope of DNA patents - Monsanto Technology LLC v Cefetra BV and Others

A leading edge patent law hot potato is patents for DNA sequences. It appears that the protection offered by such patents in the EU may be more restrictive than many anticipated.

Tricky trade mark issues - toy shapes and trading names

In the Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Others case, the English Court of Appeal has provided guidance on what is required for a business located elsewhere to have goodwill in England which is sufficient enough to base a passing off action on.

Reproduction of Opel logo on imitation toy cars does not infringe trade mark rights

The ECJ's ruling in the Opel v Autec toy cars case in January 2007 was a landmark in European trade mark law. The case is always referred to whenever the question of whether "trade mark use" is required to establish trade mark infringement arises.

Dilution of vodka prevented by High Court

In the Diageo North America, Inc r v Intercontinental Brands case the owners of the famous 'Smirnoff' brand of vodka have succeeded in establishing extended passing off against InterContinental Brands in respect of its Vodkat alcoholic beverage.

Upstream without a paddle

The Court of Appeal has found in Eli Lilly and Company v Human Genome Sciences Inc that HGS' patent for a protein called by HGS "Neutrokine-a", antibodies to it and the polynucleotide sequence encoding for it was invalid for lack of industrial application.

Dr Reddy v Eli Lilly: the Court of Appeal consigns the old UK legal test for the validity of selection patents to history and looks to Europe for the answer

Exhaustion of rights, authorised dealerships and euro defences

A dealer in infringing grey goods sought to have a trade mark proprietor's ability to enforce its rights suspended.

Digital Economy Bill: controversial online copyright infringement provisions

A new Digital Economy Bill is being debated in the UK. It contains provisions designed to tackle online copyright infringement which are proving to be very controversial.

CTM for CANNABIS is too descriptive of beer

The Court of First Instance (CFI) has upheld a invalidity finding in relation to CANNABIS as a community trade mark for beer and other goods in classes 32 and 33.

Patent infringers rolled over - Boegli-Gravures SA V Darsail-ASP Ltd

In a judgment, in which he found valid and infringed a mechanical EP(UK) patent relating to foil used in packaging, an English High Court judge has also provided guidance as to establishing infringement or a threat to infringe by way of a test purchase

Revoking unused marks and applying L'Oréal v Bellure to infringement arguments

A trade mark infringement claim will often provoke a counterclaim for revocation for five years non-use.

Does the use of another trade mark as internet keyword infringe? The Advocate General doesn't think so

In an opinion which many may find quite political, Advocate General Poiares Maduro has delivered his views to the European Court of Justice (ECJ) in the Google AdWords references.

Product placement - UK ban set to be lifted

In a dramatic U-turn, the Government announced that it will consult again on the issue of product placement. Speaking at the Royal Television Society's Cambridge Convention, Ben Bradshaw gave new hope to advertisers and commercial broadcasters alike.

City name case

The Japan Patent Office has reported that the Chinese trade mark authorities, responding to a request from Tokyo, rejected applications to register eight prefectural names in Japan as brands for agricultural and other products.

Guangzhou passes legislation to bolster intellectual property rights protection at exhibitions

Guangzhou passes the Measures on Protection of Intellectual Property Rights at Exhibitions in the city's 87th Executive Session of the 13th Administration.

Beijing: Microsoft lawsuit

Microsoft filed a lawsuit against a do-it-yourself PC vendor Beijing Strong Well Future Technology Development in Zhongguancun, accusing it of using pirated Microsoft software.

Shanghai company pays 500,000 yuan for distributing counterfeit Louis Vuitton bags

In this case concerning counterfeit Louis Vuitton bags, the defendants were a couple called Lin Yizhong and Wu Beiwen and Zhong Wen was their trading company.

Tactical trade marks and bad faith bunnies?

The European Court of Justice has provided guidance to the national Austrian court on the factors to be considered when determining whether a registration applied for in the knowledge that other very similar marks were being used in the Community.

Injunctions for breach of confidence - the 'springboard principle'

Vestergaard Frandsen A/S and the other claimants (VF) are in the business of the manufacture and sale of mosquito nets under the name PermaNet. They had developed a database relating to the manufacture of these nets referred to as the "Fence" database.

Looking to raise some cash? Against IP?

To the surprise of many, Morgan Stanley has just announced a new US$250 million intellectual property securitisation for Vertex Pharmaceuticals, a large US bio-tech company.

Proposals for the reform of the Patents County Court

Proposals have been put forward by the Working Group set up by the Intellectual Property Court Users Committee to reform the cost regime and procedures of the English Patent County Court.

Google China drops Beijing free rider

Search engine giant Google began its formal use of Chinese name (Guge) in 2006 when it established Chinese subsidiary Google China. Just one hour later, a company named Beijing Guge Technology (led by Tian) obtained government approval to be in business.

Danfoss prevails in trademark first instance

Danfoss, a leading player in refrigeration and air conditioning equipments and parts, alleged in court that a refrigeration equipment company in Zhejiang was making products labelled with the Danfoss trade mark.

Baijia sues OKAI over trademark infringement

Sichuan Baijia Food Company, one of the largest instant noodle manufacturers in China, has filed a lawsuit against OKAI Import Export GmbH with the Munich District Court in Germany, asking the court to cancel OKAI's trade mark application.

Lacoste bites Wenzhou shoemaker

Six years after its settlement over a trade mark dispute with Hong Kong Crocodile, French designer Lacoste has launched another offensive. The company recently brought a trade mark infringement case before the Beijing No.2 Intermediate People's Court.

Launch of China IP Law Search, Beijing

IPR2, together with the Ministry of Commerce, will launch a new search tool for IP-related legal texts called China IP Law Search.

Marketing authority for racemate does not invalidate SPC for its enantiomer

In an appeal concerning the validity of a patent for an enantiomer of  a racemic mixture and a Supplementary Protection Certificate based on that patent and marketing authorisation, the Court of Appeal found both the patent and SPC valid.

The English court's turn to make a reference to the ECJ in yet another Google keyword trade mark dispute

In yet another trade mark dispute resulting from Google's AdWord service, the UK High Court has decided to refer a "comprehensive" list of questions to the European Court of Justice before the hearing of the main trial.

Big boost for brands

In a dispute concerning downmarket fragrances intended to be smell-a-likes for several of L'Oreal's famous perfumes, the European Court of Justice (ECJ) has provided guidance to the UK Court of Appeal which will be welcomed by many brand owners.

Famous names and trade mark registrations

In the Fiorucci v Ohim case, the Court of First Instance considered whether the use by a third party of a trade mark consisting of the first name and surname of Italian designer Elio Fiorucci would mislead the public.

Is eBay an IP pirate or merely the unaware ocean over which such pirates may sail?

In L'Oreal v eBay, the English High Court has held that eBay was not jointly liable for the trade mark infringements committed by several users of its website (named in the action as the fourth to tenth Defendants).

Pirate Bay has no safe harbour in E-Commerce Directive

The Stockholm District Court has issued its decision on case B13301-06 regarding the infamous Pirate Bay website. It concerns not only criminal breaches of copyright but also the E-Commerce Directive (2000/31/EC) safe harbour provisions.

Does my mark have a reputation in the Community?

Advocate General Sharpston has given her view on the question of whether a community trade mark which had been proven to have a reputation but only in Austria could be considered to have a "reputation in the Community".

IP in the UK budget

A first glance through the Budget - and the 222 pages of notes produced by the Treasury - didn't look promising.

Software patents in Europe

Alison Brimelow, President of the European Patent Office (EPO), has entered the fray on the vexed subject of the patentability of software and has referred various questions to the Enlarged Board of Appeal.

The high street fights back - eBay censured by ASA

The Advertising Standards Authority (ASA) has banned a poster advert for eBay which claimed that the online retailer was "25% cheaper than the high street on brand new items."

European Court gives boost to selective distribution strategies for luxury trade mark owners

The European Court of Justice (ECJ) has provided guidance, which strengthens the ability of luxury trade mark owners to maintain and enforce a selective distribution network for branded goods.

IP or no IP? Is that the question?

With asset values on the whole diminishing, a number of funders are revisiting their corporate loan portfolios to examine their security packages, both in relation to valuation and enforceability. Are lenders as secure as they thought?

Google suffers setback in Adword dispute in US Court of Appeals

The US Court of Appeals for the Second Circuit has allowed an appeal by Rescuecom that Google's use of Rescuecom's trade mark could amount to "use in commerce".

Questions on Supplementary Protection Certificates referred to the European Court of Justice

The English High Court has sought guidance from the European Court of Justice (ECJ) relating to the validity of a Supplementary Protection Certificate.

Getting their © grooves back

Many IP agreements include a clause which specifies certain consequences if material breaches are not remedied after a period of notice. More clarity on this issue has now come from the English High Court.

Are you getting maximum bang for your IP buck?

Intangible assets, of which Intellectual Property (IP) is often the most significant, represent more than 50% of the value of most companies. But these assets are coming under increased scrutiny.

Sofia, so good? First IP reference to the ECJ from Bulgaria clarifies the scope of protection for databases

The right to prohibit extraction and re-utilisation of a substantial part of a protected database was established more than a decade ago by Directive 96/9/EC. The European Court of Justice has only provided guidance on its interpretation in three cases.

Silberquelle v Maselli: ECJ confirms Advocate General's opinion on when promotional use of a registered trade mark is not "genuine use"

The European Court of Justice has confirmed that where a proprietor of a mark affixes that mark to free items that it gives to purchasers of its goods, it does not make genuine use of that mark in respect to the class related to the items.

Patentable subject matter again - decision of Mr Justice Lewison in AT&T Knowledge Ventures LP's Application and CVON Innovations Limited's Application

Mr Justice Lewison has today handed down his judgment in two appeals from the Patent Office. The cases raised similar issues about excluded subject matter.

Opinions of the House of Lords in Generics (UK) Limited & others v. H Lundbeck A/S

The House of Lords has today handed down its opinions in the patent revocation battle between Generics and Lundbeck relating to Lundbeck's patent for the (+) enantiomer of citalopram, a leading anti-depressant drug.

Research scientist becomes a millionaire following first ever successful UK employee inventor compensation scheme claim

The UK High Court has granted its first-ever award of compensation under section 40 of the Patents Act 1977.

The ECJ provides further re-packaging guidance in the ZOVIRAX parallel imports case

The European Court of Justice has ruled on The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, 22 December 2008 (C-276/05).

Heart valve case by-passes experimental-use exemption

There is a dearth of UK case law on the application and scope of the experimental-use defence since the 1985 Monsanto v Stauffer decision.

Do smell-a-likes and look-a-likes take unfair advantage?

Advocate General Mengozzi of the European Court of Justice (ECJ) has delivered his opinion on the dispute between L'Oreal and Bellure relating to "smell-a-like" perfumes and "look-a-like" packaging.

Notable changes in the Third Amendment to China's Patent Law

In January 2009, China's National People's Congress finally approved the third amendment of China's Patent Law after more than two years' deliberation.

Google fined for adwords policy

Google has been fined 350,000 euros by a French court for trade mark infringement resulting from its "adwords" policy. Kate Swaine, director in Wragge & Co's brands team, says "This issue is not going anyway for Google."

The Pharmaceutical Sector Inquiry Preliminary Report: patent-related issues raised relevant to all patent intensive industries

Wragge & Co's first analysis of the EU Commission's preliminary report on the pharmaceutical sector looked at regulatory issues covered by the preliminary report. The IP team now moves on to consider the patent-related practices.

German Federal Supreme Court sends adwords question to the ECJ

Yesterday the German Federal Supreme Court (BGH) published its keenly anticipated decisions on three adword cases. The BGH found no trade mark infringement in two cases. It referred the main adword question to the European Court of Justice.

Did you know they were going to sell the marked goods in the EU? What happens when a witness lies?

KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280 was an appeal by KJM Superbikes Limited against a decision by Sir Andrew Park in the High Court in which he denied KJM permission to bring proceedings for contempt of court against Mr Anthony James Hinton.

BUD v BUD - Appellation of origin v Community trade mark applications

Budejovický Budvar, národní podnik v Office of Harmonization in the Internal Market - with intervener Anheuser Busch Inc. Joined Cases T-225/06, T-255/06, T-257/06 and T-309/06: Decision of the Court of First Instance - 16 December 2008).

Europe rules against embryonic stem cells patent

The Enlarged Board of the European Patent Office has held Wisconsin Alumni Research Foundation's patent application to be contrary to morality for the purposes of Article 53(a) of the European Patent Convention.

Advocate General's opinion in Case C-59/08 Copad v Dior - a broad understanding of quality control in trade mark licences?

In Copad v Dior the Advocate General (AG) has advised the European Court of Justice (ECJ) on whether a licensee's failure to comply with provisions in a trade mark licence may prevent the exhaustion of the owner's rights in the mark.

Pharmaceutical Sector Inquiry Preliminary Report

The European Commission has delivered its preliminary report on the findings from the Pharmaceutical Sector Inquiry launched in January 2008.

Music to the British Hospitality Association's ears

In 2003 the CPDA was amended so as to substantially remove the exemption under which pubs and similar establishments had been publically playing background music via broadcasts without the need for a licence relating to the broadcast sound recordings.

ECJ guidance as to how to establish dilution

Corus has infringed a valid patent for a steel "slag killing" process

The Court of Appeal has given Corus (formerly British Steel) short shrift in respect of Qual-Chem's patent infringement claim against it.

Hi-Fi patent gets blown away

Arnold J found Leisuretech Electronics Pty Limited's distributed stereo system patent invalid after following the approach to inventive step set out in Conor v Angiotech.

Collaborating over inventions - court guidance on the meaning of common clauses

In the case of Automotive Latch Systems Limited v Honeywell International Inc, the Commercial Court provided some guidance on the courts' view on the interpretation of common clauses found in many collaboration agreements relating to inventions.

European Commission publishes preliminary findings of Pharmaceutical Inquiry - and opens up a hornets' nest

At a conference in Brussels today, the European Commission delivered its preliminary findings on the Pharmaceutical Sector Inquiry.

"ZV Snore Solution Spray" product name is misleading says the Advertising Standards Authority

The Advertising Standards Authority has made it clear that a product or brand name (i.e. ZV Snore Solution Spray) can in itself be misleading and, its use in marketing materials, be in breach of the Committee of Advertising Practice Code.

The Court of First Instance prevents Lego from using a trade mark registration to monopolise the technical result achieved by a Lego brick

Lego's community trade mark for the shape of one of its bricks has been held to "consist exclusively of...the shape of the goods which is necessary to obtain a technical result...'.

Advocate General's opinion in Silberquelle v Maselli - Can promotional use of a registered trade mark be "genuine use"?

Advocate General Damaso Ruiz-Jarabo Colomer has provided useful guidance on what constitutes "genuine use" of a trade mark, particularly in relation to advertising and promotional use.

Germany: patent litigation reform on its way?

The German Federal Government has published proposals for reform which have the potential to drastically alter the nature of patent invalidity litigation in Germany.

Enantiomer of a known medicament held inventive and entitled to SPC

Against the backdrop of a number of recent European-wide negative decisions in which the validity of Supplementary Protection Certificates (SPC) was in contention, Daiichi's SPC for its Levofloxacin patent has been upheld.

Lessons on chemical classes

In July this year, Wragge & Co's IP team reported on the German Appeal Court decision on Eli Lilly's patent for the anti-psychotic drug olanzapine.

Be careful what you ask for: Servier payout over £17 million to Apotex under a cross-undertaking in damages

On 9 October 2008, Servier was ordered to pay generics company Apotex £17.5 million under a cross-undertaking in damages given by Servier, in exchange for the grant of an injunction.

Conflicting pharmaceutical trade marks

The Court of First Instance has upheld the opposition by Aventis Pharma SA against Nycomed GmbH's application for the Community trade mark PRAZOL (Case T-95/07).

A company name that is identical or too similar to your brand name? The pro and cons of the Company Names Tribunal

What can you do if you find out a third party has registered a UK company with a name that is identical or similar to your brand name?

Germany: Broad-based database protection

Following a preliminary reference from the German courts, the European Court of Justice has given further guidance relating to the Database Directive.

Olympics update - a round-up of all the latest news

Wragge & Co's latest round-up of Olympic news has a strong focus on the energy resources which will be powering the Games.

Court of Appeal still considers EPO case law on computer programs exclusion to be inconsistent

Charitable trade mark use - is it "genuine"?

Can charities and other non-profit making organisations safely keep hold of their registered trade marks when they don't use them on any goods they sell or in respect of any services they provide for payment? Are such marks at risk of being revoked?

Listen up! - the EPO is required to hear witness evidence on prior use

An interesting development has just hit the European Patent Office (EPO). It concerns the situations in which the EPO will now hear oral witness evidence concerning an alleged prior use.

Lucasfilm v Ainsworth - a new hope for copyright clarity?

In a case concerning the costumes of Star Wars characters, the High Court has provided guidance on what articles can amount to "works of artistic craftsmanship" and/or "sculptures".

Eli Lilly v Human Genome Sciences - gene sequence patents get a dressing down

In Eli Lilly v Human Genome Sciences, the English Patents Court sets out guidelines for the first time on the industrial application criteria for patentability (the EPC equivalent to the US "utility" requirement).

Stradivarius Espana v OHIM - illegible marks: you might not understand them, but they are not confusing!

On 20 June 2001, Cristina Ricci's predecessor in title applied to register the device mark "Stradivari 1715" (the opposed mark) as a Community Trade Mark for goods in classes 14, 16 and 18.

Last chance for product placement - consultation now open

The Department for Culture, Media and Sport opened up a consultation yesterday on the implementation of the Audiovisual Media Service Directive.

Employee patent disputes - What have the Romans ever done for us?

The patent which was the subject of extended entitlement proceedings between Markem Systems Limited and Zipher Limited now been found invalid.

Patent validity - UK's highest court takes a step in the right direction

Patent law has once again been the subject of consideration of the House of Lords in Conor Medisystems Inc v Angiotech Pharmaceuticals Inc & Others.

Advocate General attempts to clear away the confusion

The Advocate General has delivered her opinion in the INTELMARK case as to when a later mark should be considered to have taken unfair advantage of or be detrimental to the distinctive character of an earlier mark with a reputation - here the famous INTEL.

Comparing complex services - Orange ad should have disclosed the sweet and the sour

The Advertising Standards Authority has banned an Orange 'Home Max' broadband and telephone package advert featured in national and regional press.

eBay wins brands battle - but for how long?

eBay will be relieved by yesterday's ruling in the long-running legal action brought against it by Tiffany in the US.

Patent validity - the Lords take a step in the right direction

The House of Lords has delivered a patent law decision which is likely to be welcomed by innovative companies throughout the UK and the pharmaceutical industry in particular.

China's National Intellectual Property Strategy: a step toward a better IP environment

China's State Council released its Compendium of China National Intellectual Property Strategy in June 2008. This is likely to lead to significant changes to the IP system in China.

Germany: patent litigation revisited

In Germany, applications for interim injunctions to prevent alleged patent infringement have until now been rejected by the infringement court if the patent in suit has been revoked by the Federal Patents court at first instance.

Are Modchips now legal?

There has been a lot of "noise" on the net suggesting that due to the latest criminal case relating to an alleged mod chips related offence.

Construction - is it law or fact?

If a narrow construction of a patent has been made by a court in earlier proceedings, does this mean an infringement action which requires a wider construction to succeed is doomed?

The UK - no place for product placement

The Culture Secretary, Andy Burnham, announced this month that the UK Government will not exercise its option under the AVMS to allow paid product placement to appear on British television. Read our expert analysis of product placement issues.

Brand owners score important point in eBay battle

In a decision that is bound to be welcomed by many brand owners, eBay has been ordered to pay more than €38 million (£31.6 million) to the LVMH group.

The ECJ has ruled but who has won? H3G have claimed victory in the long running "bubbles" comparative advertising case, but the truth is not so clear...

The European Court of Justice (ECJ) has declined to follow the opinion of Advocate General Mengozzi.

The UK: no place for product placement?

The UK Government shocked advertisers yesterday by announcing that it will exercise its option under the new Audio-Visual Media Services Directive not to allow product placement to appear on British television.

Trade marks: equal treatment for all applicants?

Should applications for trade marks at EU member state registeries all be treated equally? The European Court of Justice will shortly have to consider this issue. Graf von Westphalen have put together an analysis of this important development.

IP update May 2008

The long-awaited Court of Appeal judgment in the Actavis UK Ltd v Merck & Co Inc patent case has been handed down.

Generics v Lundbeck

Within its judgment in Generics v Lundbeck, the Court of Appeal has provided important guidance on the judgment of the House of Lords in Biogen v Medeva regarding the enabling disclosure the specification must provide to support the claims in the patent.

Search engine sponsored links - important developments for trade mark owners

The UK High Court has been asked to consider whether by offering keywords to advertisers which are the same as or similar to another's trade mark, Yahoo infringed that mark.

NICE result for Eisai

The Court of Appeal has judicially reviewed guidance issued by the National Institute for Clinical Excellence (NICE) concerning the prescription of certain medicines for the treatment of Alzheimers and held it to be procedurally unfair.

Exclusive licensee's Dalek claim is exterminated

The publisher of the original Dr Who books has been unsuccessful in its claims of copyright infringement against the BBC for its publication of a Dalek Survival Guide. To learn more about the High Court judgment, read our expert analysis.

ASA v Ryanair - OFT, you decide!

After banning its ninth Ryanair advert in just two years, the Advertising Standards Authority (ASA) has referred Europe's largest budget airline to the Office of Fair Trading.

VAT on electronic services - the rules are changing

The rules on charging VAT on electronic services are changing.

Don't blame the forum shoppers, blame the European Patent litigation system

In the context of pan-European patent litigation relating to BlackBerry mobile devices, the Court of Appeal has provided some useful guidance.

IP update

Three intellectual property alerts and analyses from Wragge & Co's Intellectual Property team.

Are trade marks comparatively useless?

All change - UKIPO's practice in rejecting all computer program claims is wrong

Trade marked goods and stopping over in Europe

Olympics update - a round up of all the latest news

IP - 2007 roundup

EPC 2000 and ECJ determination - Alfredo Nuno v. Leonci Franquet

ECJ determination - Alfredo Nuno v. Leonci Franquet

In Alfredo Nuno v. Leonci Franquet, the ECJ was asked to consider the provisions of the Trade Marks Directive 89/104/EEC of 21 December 1988 which deal with the effect of an earlier unregistered mark on a subsequent trade mark registration.

IP update

Two alerts today, both relating to patents. The first is a reminder of the changes to the UK Patent Act, which will take effect on 13 December in order to implement the EPC 2000. The other concerns a novelty for the UK courts.

IP Update - The EPO v Court of Appeal - Business method and software patents

IP Update: How to get an interim injunction in a pharmaceutical case - a lesson for UK pharmaceutical patentees

Innovator pharmaceutical group obtains interim injunction against generic pharmaceutical group in UK High Court patent infringement proceedings on the basis that damages would not be an adequate remedy.

EU Plans Harmonisation Of Laws For Software Patents

New Tax Regime for Intellectual Property and Intangible Assets