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Specsavers seeing better now after appeals against Asda upheld – Specsavers International Healthcare Limited v Asda Stores Limited, Court of Appeal

6 February 2012 | Simon Weinberg

In 2010, the High Court was asked to consider whether a marketing campaign and rebranding by Asda in relation to its optician service infringed trade marks held by Specsavers. Many of Specsavers’ claims...

Tags on this discussion: appeal appeals Asda Asda rebranding brand branding brands Community Trade Mark Community Trade Marks Community Trade Marks Regulation confusion Court of Appeal Court of Appeal ruling CTMs High Court infringement Intellectual property intellectual property rights IP logo passing off rebranding Specsavers STM trade mark trade mark confusion trade mark infringement trade mark passing off trade mark unfair advantage trade marks unfair advantage

“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

3 February 2012 | Simon Weinberg

In February 2011, the High Court ruled that two European Community Trade Marks for the “32RED” word and a figurative trade mark comprising “32” and “red” had been infringed by “32Vegas”...

Tags on this discussion: 32 32red 32vegas brand branding brands Court of Appeal CTM European Community Trade Mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights Internet IP Online online betting online content online gambling online gaming red TM trade mark trade mark infringement trade marks Trade Marks Act 1994 UK Trade Mark unauthorised unlawful web web site web sites Website website content websites

Will European Stem Cell Ruling Stifle Research?

2 February 2012 | Mark Tudor

My commentary on patenting stem cell techniques was published by LexisNexis and is available to view here.

Tags on this discussion: biotech Biotech Directive CJEU Court of Justice of European Union Court of Justice of the European Union ECJ European Court of Justice innovation Intellectual property intellectual property rights IP IPR medicine patent medicines patent patent patent law patentability exclusion Patents pharma pharmaceutical patent pharmaceutical sector stem-cell research TRIPS

PRS for Music launches consultation to reduce licence fees for amateur sports clubs

2 February 2012 | Simon Weinberg

PRS for Music, an organisation which collects and pays royalties to its members for the exploitation of their musical works, has launched a consultation into the licence fees it charges amateur sports...

Tags on this discussion: consultation copyright copyright exploitation copyright infringement copyright royalties infringement Intellectual property intellectual property rights IP licence licence fees music musical works PRS for Music royalties

Sticky situation as gelled honey medical dressing patent ruled to be valid – Apimed Medical Honey Ltd (a New Zealand company) v Brightwake Ltd (trading as Advancis Medical), Court of Appeal

27 January 2012 | Simon Weinberg

Apimed had successfully registered a European patent for a medical dress which combined honey with a gelling agent. The Patents County Court (PCC) had ruled that the patent was invalid for obvious in light...

Tags on this discussion: abvious European patent infringement Intellectual property intellectual property rights invalid patent invent invention inventor IP medical dressing medical honey obviousness patent patent application patent infringement patent law patent registration patent validity patented Patents County Court pharma product pharmaceutical pharmaceutical patent pharmaceutical patents pharmaceutical product prior art registered patent registered patents

Cartoon fun for the BBC but designer bounced out and loses Kerwhizz – Michael Mitchell v BBC, Patents County Court

25 January 2012 | Simon Weinberg

Michael Mitchell (MM) had designed various characters for use in an animated programme for children’s television, which he called the “Bounce Bunch”. He sent a proposal to the BBC in the hope that...

Tags on this discussion: animate animated animation animator artist artistic work bbc Bounce Bunch British Broadcasting Corp cartoon cartoon characters cartoon design children's television children's television programme children's tv children's tv programme copyright copyright infringement design infringement Intellectual property intellectual property rights IP IPR Kerwhizz Patents County Court television TV

Court rules that there is copyright in the aspects of London tourism photo and not just the exact photo itself – Temple Island Collections v New English Teas, Patents County Court

20 January 2012 | Paul Gershlick | 1 comment

Temple Island Collections had taken a particular photo to use on its London tourism merchandise. The photo included a red London bus on a bridge and framed by a building, with the bus roughly in scale...

Tags on this discussion: copyright copyright infrngement infringe infringement Intellectual property intellectual property rights intellectual property rights infringement IP IP infringement IPR IPR infringement photgraph photo photographic work

Protect Your Position – Bristol-Myers buys Inhibitex for $2.5 billion

17 January 2012 | Laura Mole

With the Patent Cliff looming and the lack of new drugs to fill the void keeping big Pharma bosses awake at night, we are seeing new strategies emerging in an attempt to off see the gloom and doom predictions...

Tags on this discussion: acquisitions big pharma commercial commercial contracts contract corporate hepatitis C Intellectual property intellectual property rights IP IP protection IP rights IPR M&A medicine patent medicines medicines patent merger merger and acquisitions Mergers and acquisitions patent patent cliff patent law patented Patents Patents Act 1977 pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical patents pharmaceutical products pharmaceutical sector Upload-Pharma

AstraZeneca takes step forward to find partners to avoid effects of looming Patent Cliff

17 January 2012 | Paul Gershlick

AstraZeneca, the UK's second biggest pharmaceutical company, has taken steps to counteract the severe consequences of the Patent Cliff. The Patent Cliff is the name given to the imminent loss of revenues...

Tags on this discussion: big pharma Intellectual property intellectual property rights IP IP rights IPR patent patent cliff Patents pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical patents pharmaceutical products pharmaceutical sector Upload-Pharma

European Court advisor in SAS v WPL case says functions of software program can be copied but not the underlying code

5 January 2012 | Paul Gershlick

SAS had developed analytical software called the SAS System over a number of years and was a giant in the market for software that enabled users to carry out analysis of data. One key element was its own...

Tags on this discussion: advocate general CJEU copyright copyright infringement Court of Justice of European Union Court of Justice of the European Union ECJ EU Europe European Court of Justice European Union functionality infringe Intellectual property intellectual property rights IP IP infringement IPR IPR infringement Software source code

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Latest news and views tagged IP

Specsavers seeing better now after appeals against Asda upheld – Specsavers International Healthcare Limited v Asda Stores Limited, Court of Appeal

“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

Will European Stem Cell Ruling Stifle Research?

PRS for Music launches consultation to reduce licence fees for amateur sports clubs

Sticky situation as gelled honey medical dressing patent ruled to be valid – Apimed Medical Honey Ltd (a New Zealand company) v Brightwake Ltd (trading as Advancis Medical), Court of Appeal

Cartoon fun for the BBC but designer bounced out and loses Kerwhizz – Michael Mitchell v BBC, Patents County Court

Court rules that there is copyright in the aspects of London tourism photo and not just the exact photo itself – Temple Island Collections v New English Teas, Patents County Court

Protect Your Position – Bristol-Myers buys Inhibitex for $2.5 billion

AstraZeneca takes step forward to find partners to avoid effects of looming Patent Cliff

European Court advisor in SAS v WPL case says functions of software program can be copied but not the underlying code

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