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Mercky stuff: when do websites target the UK? (Brands & IP Newsnotes - issue 7)
23 April 2018Over the last few years, a long-running dispute has heated up between the US and European pharmaceutical companies that both trade under variations of the name “Merck”.
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Service of a Claim Form by email – get it wrong at your peril
27 March 2018Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps.
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Keeping the luxury in brands?
22 February 2018In Coty v Parfumerie Akzente (Case C-230/16) the CJEU has stated that luxury brand owners, can, in certain circumstances prohibit reselling of their products through some internet platforms
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Say farewell to credit and debit card surcharges
17 January 2018On 13 January 2018, new rules came into force in the UK which mean that, for most retail payments, traders can no longer charge a fee in addition to the advertised price of a transaction on the basis of a consumer’s choice of payment means (for example, credit card, debit card or e-money).
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Brands and IP newsnotes - issue 6
12 October 2017Welcome to the 6th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; battlegrounds on Amazon listings, whether prestigious brands can prevent their resellers from selling online, the EU's position paper on IP rights, an quick guide on rights for designs, and trade mark infringements.
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Brexit: EU position paper on IP rights (Brands & IP Newsnotes - issue 6)
12 October 2017On 6 September 2017 the European Commission published its wish list for how it hoped IP rights would be treated by the EU and the UK after Brexit. Five general recommendations were made, as follows:
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Servicing trade mark infringement (Brands & IP Newsnotes - issue 6)
12 October 2017The use of a third party trademark to provide information or describe a service being offered does not necessarily constitute trademark infringement. Where the use of a trade mark goes beyond that and creates an impression in the average consumer that the particular service is authorised by the trade mark owner, this will constitute an infringement.
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Coty: Keeping up appearances (Brands & IP Newsnotes - issue 6)
12 October 2017Can a prestigious brand prevent its resellers from selling online? The question was answered firmly in the negative by the European Court of Justice in 2011. In that case, the court said that the French pharmaceutical and cosmetic brand Pierre Fabre could not impose an outright ban on their resellers from selling online.
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Vexed vexillologists: New battleground on Amazon listings (Brands & IP Newsnotes - issue 6)
12 October 2017The UK’s Intellectual Property Enterprise Court recently found in favour of a brand whose Amazon listing had been high-jacked by a competitor. In very simple terms, manufacturers can create listings for their products on Amazon. Third parties can then add themselves to those listings, and whoever offers the cheapest price is automatically presented as the seller.
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Watching out for individual character (Brands & IP Newsnotes - issue 6)
12 October 2017The EU General Court has dismissed an action to invalidate a Registered Community Design held by Nike for electronic wristbands. The case serves as a useful reminder of the principles to be applied in assessing whether a design has sufficient individual character to be registered.
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Equivalent ways to infringe a patent (Eli Lilly v. Actavis) (Brands & IP Newsnotes - issue 6))
12 October 2017The Supreme Court has had to determine to what extent courts should depart from the literal wording of a patent claim and consider whether equivalent means to those literally specified in the claim would infringe a patent.
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When does a chat with competitors become illegal?
09 October 2017We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.
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Competition watchdog’s open letter to the creative industries
12 September 2017The UK’s Competition & Markets Authority (CMA) has published an open letter to the creative industries on competition law. The letter reminds businesses that certain conduct that undermines competition in those industries is illegal.
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Defences to infringement in the EU trademark reforms: a mixed bag
01 August 2017Simon Chapman has written an article for World Intellectual Property Review (WIPR) which discusses how the EU trademark reforms have provided a mixed bag for right owners.
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Squeezed out of validity and into the jurisdiction
13 July 2017UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
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Sandoz & Hexal v Searle & Janssen Sciences Ireland: What is the formula for patent extensions?
13 July 2017The UK High Court has held that a pharmaceutical product claimed only within a Markush formula and not expressly referred to in the patent was protected by the patent for the purposes of obtaining a Supplementary Protection Certificate (SPC).
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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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It’s not just about Getting(G) Data(D) Protection(P) Ready(R): some digital businesses and infrastructure providers shouldn’t forget to be ‘NIS’
11 July 2017May 2018 is a month which will already be highlighted in the calendars of those responsible for their organisations’ compliance with the General Data Protection Regulation (GDPR). It’s now under a year away. But for some digital businesses and infrastructure providers, when it comes to security risk management and reporting obligations, the GDPR isn’t the whole story.
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The Gambling Commission serve some stark warnings to operators
10 July 2017The Gambling Commission has slapped its first advertising-related fine against an online gambling operator for advertising that was deemed to fall foul of social responsibility rules and come to a settlement with another operator.
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The ICO cracking down on the use of personal data to promote online gambling
10 July 2017The ICO has learned that there has been a "large numbers of spam texts linked to the gambling sector", and is therefore clamping down on how companies/affiliates use personal data to promote online gambling.